Fairness in Flood Insurance Act of 2015

Summary: Fairness in Flood Insurance Act of 2015 This bill amends the National Flood Insurance Act of 1968 to declare that, in any appeal to the Federal Emergency Management Agency (FEMA), or any judicial review of a final administrative determination, regarding the designation of flood elevation determinations or the identification of special flood hazard areas, FEMA shall have the burden of proving, by clear and convincing evidence, that the elevations proposed or the designation of an identified special flood hazard area is scientifically and technically correct. FEMA shall:  reimburse the reasonable legal and related expenses of any individual or community that succeeds on such an appeal; and  revise and update any floodplain areas and flood-risk zones upon the request from any owner or lessee of real property located in a floodplain area or flood-risk zone (currently, only upon the request of FEMA or of a state or local government), if sufficient technical data justifying the request is submitted.  A state or local government, or the owner or lessee of real property, who has formally requested FEMA to update a flood map that FEMA has denied may at any time appeal the denial according to a specified procedure. The basis for appeal shall be possession of knowledge or information that:  the base flood elevation level or designation of any aspect of a flood map is scientifically or technically inaccurate; or specified factors exist, including natural or manmade topographical features, that mitigate the risk of flooding.  These flood mitigation factors shall also be considered in the establishment and updating of areas with special flood hazards. When estimating risk premium rates for flood insurance, and prescribing chargeable premium rates, FEMA shall take into consideration the differences between properties located in coastal areas and properties located inland. FEMA shall consult with the Technical Mapping Advisory Council about methods of making or actions to make the Council's flood map processes more efficient and achieve other specified goals. The Homeowner Flood Insurance Affordability Act of 2014 is amended to require FEMA to ensure that the Flood Insurance Advocate has sufficient staff to carry out all of the Advocate's duties and responsibilities, which shall include providing direction as necessary, including by direct conversations with insurance agents. The Government Accountability Office shall study:   the scientific and technical adequacy of the flood maps FEMA proposes and establishes, and  the effects on the National Flood Insurance Program and otherwise of changing the standard for designating special flood hazard areas from having a 1% or greater to having a 10% or greater chance of experiencing flooding in any given year. 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness in Flood Insurance Act of 
2015''.

SEC. 2. APPEALS OF PROJECTED SPECIAL FLOOD HAZARD AREAS.

    (a) Burden of Proof.--
            (1) Appeals to fema.--Section 1363 of the National Flood 
        Insurance Act of 1968 (42 U.S.C. 4104) is amended by adding at 
        the end the following new subsection:
    ``(h) Burden of Proof.--In any appeal to the Administrator, or any 
judicial review of a final administrative determination, regarding the 
designation of flood elevation determinations or the identification of 
special flood hazard areas, the Administrator shall have the burden of 
proving, by clear and convincing evidence, that the elevations proposed 
by the Administrator or the designation of an identified special flood 
hazard area, as the case may be, is scientifically and technically 
correct.''.
            (2) Determinations by scientific resolution panel.--
        Subsection (c) of section 1363A of the National Flood Insurance 
        Act of 1968 (42 U.S.C. 4104-1(c)) is amended--
                    (A) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively; and
                    (B) by inserting after paragraph (2) the following 
                new paragraph:
            ``(3) Burden of proof.--The Scientific Resolution Panel may 
        not resolve a dispute submitted under this section in favor of 
        the Administrator unless the Panel determines, by clear and 
        convincing evidence, that the data and determinations of the 
        Administrator involved in the dispute are scientifically and 
        technically correct.''.
    (b) Deadline for Appeals.--
            (1) In general.--Section 1363 of the National Flood 
        Insurance Act of 1968 (42 U.S.C. 4104) is amended--
                    (A) in subsection (b), by striking ``ninety-day'' 
                and inserting ``6-month''; and
                    (B) in subsections (c) and (d), by striking 
                ``ninety days'' each place such term appears and 
                inserting ``6 months''.
            (2) Applicability.--The amendment made by paragraph (1) 
        shall apply with respect to second newspaper publications of 
        notifications of the Administrator of the Federal Emergency 
        Management Agency referred to in section 1363(b) of the 
        National Flood Insurance Act of 1968 that occur after the date 
        of the enactment of this Act.
    (c) Reimbursement for Costs of Appeal.--
            (1) Applicability; implementation.--Subsection (f) of 
        section 1363 of the National Flood Insurance Act of 1968 (42 
        U.S.C. 4104(f)) is amended--
                    (A) by striking the first sentence and inserting 
                the following: ``When, incident to any appeal that is 
                successful, in whole or part, regarding the designation 
                of any aspect of a flood map, including elevation or 
                designation of a special flood hazard area, the 
                community, owner, or lessee of real property, as the 
                case may be, incurs expense in connection with the 
                appeal, including for legal services and services 
                provided by surveyors, engineers, and scientific 
                experts, the Administrator shall reimburse such 
                individual or community for reasonable expenses to an 
                extent measured by the ratio of the successful portion 
                of the appeal as compared to the entire appeal. Any 
                successful appeal shall be entitled to such 
                reimbursement and reimbursement shall not be contingent 
                upon filing within the 6-month periods referred to in 
                subsections (c) and (d).'' ; and
                    (B) by striking the last sentence and inserting the 
                following: ``The Administrator shall issue guidance to 
                implement this subsection, which shall not be subject 
                to the notice and comment requirements under section 
                553 of title 5, United States Code.''.
            (2) Deadline.--The Administrator of the Federal Emergency 
        Management Agency shall issue the guidance referred to in the 
        last sentence of section 1363 of the National Flood Insurance 
        Act of 1968 (42 U.S.C. 4104(f)), as amended by paragraph (1)(B) 
        of this subsection, not later than the expiration of the 6-
        month period beginning on the date of the enactment of this 
        Act.

SEC. 3. REVISIONS OF EXISTING FLOOD INSURANCE MAPS; APPEALS.

    (a) Updating of Maps.--Subsection (f) of section 1360 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4101(f)) is amended to 
read as follows:
    ``(f) Updating of Flood Maps.--
            ``(1) Upon necessity or request.--The Administrator shall 
        revise and update any floodplain areas and flood-risk zones--
                    ``(A) upon the determination of the Administrator, 
                according to the assessment under subsection (e) of 
                this section, that revision and updating are necessary 
                for the areas and zones;
                    ``(B) upon the request from any State or local 
                government stating that specific floodplain areas or 
                flood-risk zones in the State or locality need revision 
                or updating, if sufficient technical data justifying 
                the request is submitted; or
                    ``(C) upon the request from any owner or lessee of 
                real property located in a floodplain area or flood-
                risk zone if sufficient technical data justifying the 
                request is submitted.
            ``(2) Request by state or local government.--When the 
        Administrator revises and updates any floodplain area or flood-
        risk zone pursuant to a request from any State or local 
        government, the Administrator shall provide to that State or 
        local government a Letter of Map Revision, Letter of Map 
        Revision Based on Fill, or physical map revision, as 
        appropriate, that includes a description of any revisions or 
        modifications to such floodplain area or flood-risk zone.
            ``(3) Request by owner or lessee.--When the Administrator 
        revises and updates any floodplain area or flood-risk zone 
        pursuant to a request from any owner or lessee of real 
        property, the Administrator shall provide to that owner of 
        lessee a Letter of Map Amendment, Letter of Map Amendment Based 
        on Fill, Letter of Map Revision, or Letter of Map Revision 
        Based on Fill, as appropriate, that includes a description of 
        any revisions or modifications to such floodplain area or 
        flood-risk zone.
            ``(4) Revision of flood maps.--Any updates of flood maps, 
        notifications of flood map changes, and compendia of flood map 
        changes required by this section shall reflect any changes made 
        pursuant to paragraphs (2) and (3) occurring since the most 
        recent such update, notification, or compendia, 
        respectively.''.

SEC. 4. APPEALS REGARDING EXISTING FLOOD MAPS.

    (a) In General.--Section 1360 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4101) is amended by adding at the end the following 
new subsection:
    ``(k) Appeals of Existing Maps.--
            ``(1) Right to appeal.--A State or local government, or the 
        owner or lessee of real property, who has made a formal request 
        to the Administrator to update a flood map that the 
        Administrator has denied may at any time appeal such a denial 
        as provided in this subsection.
            ``(2) Basis for appeal.--The basis for appeal under this 
        subsection shall be the possession of knowledge or information 
        that--
                    ``(A) the base flood elevation level or designation 
                of any aspect of a flood map is scientifically or 
                technically inaccurate; or
                    ``(B) factors exist that mitigate the risk of 
                flooding, including ditches, banks, walls, vegetation, 
                levees, lakes, dams, reservoirs, basin, retention 
                ponds, and other natural or manmade topographical 
                features.
            ``(3) Appeals process.--
                    ``(A) Administrative adjudication.--An appeal under 
                this subsection shall be determined by a final 
                adjudication on the record, and after opportunity for 
                an administrative hearing.
                    ``(B) Rights upon adverse decision.--If an appeal 
                pursuant to subparagraph (A) does not result in a 
                decision in favor of the State, local government, 
                owner, or lessee, such party may appeal the adverse 
                decision to--
                            ``(i) the Scientific Resolution Panel 
                        provided for in section 1363A, which shall 
                        recommend a non-binding decision to the 
                        Administrator; or
                            ``(ii) the Federal district court of 
                        appropriate jurisdiction.
                An appeal by a State or local government, or the owner 
                or lessee of real property, pursuant to clause (i) 
                shall not preclude such party from further appealing 
                pursuant to clause (ii).
                    ``(C) Burden of proof.--In any appeal under this 
                subsection, the Administrator shall bear the burden of 
                proving, by clear and convincing evidence, that the 
                elevations proposed by the Administrator or the 
                designation of any aspect of the special flood hazard 
                area, as the case may be, is scientifically and 
                technically correct.
            ``(4) Relief.--
                    ``(A) Wholly successful appeals.--In the case of a 
                successful appeal resulting in a policyholder's 
                property being removed from a special flood hazard 
                area, such policyholder may cancel the policy at any 
                time within the current policy year, and the 
                Administrator shall provide such policyholder a refund 
                in the amount of any premiums paid for such policy 
                year, plus any premiums paid for flood insurance 
                coverage that the policyholder was required to purchase 
                or maintain during the 2-year period preceding such 
                policy year.
                    ``(B) Partially successful appeals.--In the case of 
                any appeal in which mitigating factors were determined 
                to have reduced, but not eliminated, the risk of 
                flooding, the Administrator shall reduce the amount of 
                flood insurance coverage required to be maintained for 
                the property concerned by the ratio of the successful 
                portion of the appeal as compared to the entire appeal. 
                The Administrator shall refund to the policyholder any 
                payments made in excess of the amount necessary for 
                such new coverage amount, effective from the time when 
                the mitigating factor was created or the beginning of 
                the second policy year preceding the determination of 
                the appeal, whichever occurred later.
                    ``(C) Additional relief.--The Administrator may 
                provide additional refunds in excess of the amounts 
                specified in subparagraphs (A) and (B) if the 
                Administrator determines that such additional amounts 
                are warranted.
            ``(5) Recovery of costs.-- When, incident to any appeal 
        which is successful in whole or part regarding the designation 
        of the base flood elevation or any aspect of the flood map, 
        including elevation or designation of a special flood hazard 
        area, the community, or the owner or lessee of real property, 
        as the case may be, incurs expense in connection with the 
        appeal, including legal services and services provided by 
        surveyors, engineers, and scientific experts, the Administrator 
        shall reimburse such individual or community for reasonable 
        expenses to an extent measured by the ratio of the successful 
        portion of the appeal as compared to the entire appeal. The 
        Administrator may use such amounts from the National Flood 
        Insurance Fund established under section 1310 as may be 
        necessary to carry out this paragraph.
            ``(6) Guidance.--The Administrator shall issue guidance to 
        implement this subsection, which shall not be subject to the 
        notice and comment requirements under section 553 of title 5, 
        United States Code.''.
    (b) Deadline.--The Administrator of the Federal Emergency 
Management Agency shall issue the guidance referred to section 
1361(k)(6) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4101(k)(6)), as added by the amendment made by subsection (a) of this 
section, not later than the expiration of the 6-month period beginning 
on the date of the enactment of this Act.

SEC. 5. CONSIDERATION OF FLOOD MITIGATION FACTORS IN ESTABLISHING FLOOD 
              HAZARD AREAS.

    Section 1360 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) Consideration of Flood Mitigation Factors.--In identifying, 
designating, and establishing any areas having special flood hazards, 
including in reviewing, revising, or updating of such areas, the 
Administrator and the Technical Mapping Advisory Council established 
under section 100215 of the Biggert-Waters Flood Insurance Reform Act 
of 2012 (42 U.S.C. 4101a) shall take into consideration any factors 
that mitigate against flood risk, including ditches, banks, walls, 
vegetation, levees, lakes, dams, reservoirs, basin, and retention 
ponds, and the extent to which such factors mitigate against flood 
risk.''.

SEC. 6. CONSIDERATION OF COASTAL AND INLAND LOCATIONS IN PREMIUM RATES.

    (a) Estimates of Premium Rates.--Clause (i) of section 
1307(a)(1)(A) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4014(a)(1)(A)(i)) is amended by inserting ``, taking into consideration 
differences between properties located in coastal areas and properties 
located inland,'' after ``the risk involved''.
    (b) Establishment of Chargeable Premium Rates.--Paragraph (1) of 
section 1308(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4015(b)(1)) is amended by inserting ``due to differences between 
properties located in coastal areas and properties located inland and'' 
after ``differences in risks''.
    (c) Rate Tables.--Not later than the expiration of the 180-day 
period beginning on the date of the enactment of this Act, the 
Administrator of the Federal Emergency Management Agency shall revise 
and expand the rate tables for premiums under the National Flood 
Insurance Program to implement the amendments made by this section and 
reflect differences between properties located in coastal areas and 
properties located inland.

SEC. 7. STREAMLINING OF FLOOD MAP PROCESSES.

    The Administrator of the Federal Emergency Management Agency shall 
consult with the Technical Mapping Advisory Council established under 
section 100215 of the Biggert-Waters Flood Insurance Reform Act of 2012 
(42 U.S.C. 4101a) regarding methods of or actions to--
            (1) make the flood map processes of the Council more 
        efficient;
            (2) minimize any cost, data, and paperwork requirements of 
        the Council; and
            (3) assist communities, and in particular smaller 
        communities, in locating the resources required to successfully 
        appeal flood elevations and flood hazard area designations.
Not later than the expiration of the 1-year period beginning on the 
date of the enactment of this Act, the Administrator shall submit a 
report to the Committee on Financial Services of the House of 
Representatives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate setting forth any recommendations for methods or 
actions developed pursuant to the consultation required under this 
section.

SEC. 8. SUFFICIENT STAFFING FOR OFFICE OF FLOOD INSURANCE ADVOCATE.

    (a) In General.--Section 24 of the Homeowner Flood Insurance 
Affordability Act of 2014 (42 U.S.C. 4033) is amended by adding at the 
end the following new subsection:
    ``(c) Staff.--The Administrator shall ensure that the Flood 
Insurance Advocate has sufficient staff to carry out all of the duties 
and responsibilities of the Advocate under this section, which shall 
include providing direction as necessary, including by direct 
conversations with insurance agents.''.
    (b) Timing.--The Administrator of the Federal Emergency Management 
Agency shall take such actions as may be necessary to provide for full 
compliance with section 24(c) of the Homeowner Flood Insurance 
Affordability Act of 2014, as added by the amendment made by subsection 
(a) of this section, not later than the expiration of the 180-day 
period beginning on the date of the enactment of this Act.

SEC. 9. GAO STUDY ON ADEQUACY OF FLOOD MAPS.

    The Comptroller General of the United States shall conduct a study 
to determine the scientific and technical adequacy of the flood maps 
proposed and established pursuant to chapter III of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4101 et seq.) by the Administrator of 
the Federal Emergency Management Agency. Not later than the expiration 
of the 6-month period beginning on the date of the enactment of this 
Act, the Comptroller General shall submit a report to the Committee on 
Financial Services of the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate a report setting 
forth the results and conclusions of the study conducted pursuant to 
this section.

SEC. 10. GAO STUDY OF EFFECTS OF CHANGING BASE FLOOD.

    The Comptroller General of the United States shall conduct a study 
regarding the effects on the National Flood Insurance Program and 
otherwise of changing the standard for designation of areas as special 
flood hazard areas from having a 1 percent or greater chance of 
experiencing flooding in any given year to having a 10 percent or 
greater chance of experiencing flooding in any given year. Not later 
than the expiration of the 180-day period beginning on the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Congress a report setting forth the findings and conclusions of the 
study conducted pursuant to this section.