Responsible Implementation of Flood Insurance Reform Act of 2013

Summary: Responsible Implementation of Flood Insurance Reform Act of 2013 - Amends the National Flood Insurance Act of 1968 to limit the requirements for flood insurance premium rate adjustments to reflect the current risk of flood only to property located in an area participating in the national flood insurance program for which the Administrator of the Federal Emergency Management Agency (FEMA) has published in the Federal Register projected base flood elevations and designations of areas having specified flood hazards on or after December 31, 2013. Increases by 20% annually the flood insurance risk premium rates for certain properties sold on or after enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 (July 6, 2012), and which are not subject to a specified 25% per year phase-in, until the average risk premium rate for such properties is equal to the average of the risk premium rates for properties within a specified single risk classification. Directs FEMA to establish a means by which a state or local government may submit to FEMA payments to fully cover the cost of any premium for property within its jurisdiction. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct FEMA, in providing hazard mitigation assistance in connection with flooding, to ensure that not less than 25% of the estimated aggregate amount of such assistance is used by a grant recipient to elevate, acquire, or relocate eligible properties within the recipient's jurisdiction. Prohibits FEMA, in determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, from considering the level of federal funding or participation in such efforts. Revises requirements for the availability of flood insurance in a community which FEMA has determined to be in the process of restoring flood protection afforded by a system previously accredited on a Flood Insurance Rate Map as providing 100-year frequency flood protection but no longer does so. Declares that such requirements shall apply without regard to the level of federal funding of or participation in the construction, reconstruction, or improvement of the flood protection system. Prohibits FEMA from issuing a flood insurance rate map, or an update to one, unless: (1) the map or update adequately reflects the protection provided by any levee system in the area against the base flood, regardless of the system's accreditation status; or (2) the community in which any levee system is located elects not to provide the data necessary for FEMA to issue either a map or an update that adequately reflects the protection the system provides against the base flood.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Responsible Implementation of Flood 
Insurance Reform Act of 2013''.

SEC. 2. CLARIFICATION ON APPLICATION OF CERTAIN PREMIUM ADJUSTMENTS 
              UNDER THE BIGGERT-WATERS FLOOD INSURANCE REFORM ACT OF 
              2012.

    (a) Clarification.--Section 1308(h) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4015(h)) is amended--
            (1) by striking ``Notwithstanding'' and inserting ``(1) In 
        general.--Notwithstanding''; and
            (2) by adding at the end the following:
            ``(2) Applicability.--The requirements under paragraph (1) 
        shall only apply with respect to any property located in an 
        area--
                    ``(A) that is participating in the national flood 
                insurance program; and
                    ``(B) for which the Administrator has published in 
                the Federal Register projected base flood elevations 
                and designations of areas having special flood hazards 
                under section 1363(a) on or after December 31, 2013.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if enacted as part of the Biggert-Waters Flood Insurance 
Reform Act of 2012 (Public Law 112-141; 126 Stat. 916).

SEC. 3. PHASE-IN OF ACTUARIAL RATES FOR NEWLY PURCHASED HOMES.

    (a) In General.--Section 1308(e) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4015(e)) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) not subject to the phase-in requirement under 
        paragraph (2), which are sold on or after the date of enactment 
        of the Biggert-Waters Flood Insurance Reform Act of 2012, and 
        notwithstanding the requirements of section 1307(g), shall be 
        increased by 20 percent each year, beginning in the year after 
        the first such sale, until the average risk premium rate for 
        such properties is equal to the average of the risk premium 
        rates for properties described in paragraph (1).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if enacted as part of the Biggert-Waters Flood Insurance 
Reform Act of 2012 (Public Law 112-141; 126 Stat. 916).

SEC. 4. LOCAL CHOICE TO PROTECT HOMEOWNERS.

    The National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) 
is amended by inserting after section 1308 the following:

``SEC. 1308A. STATE AND LOCAL GOVERNMENT FLEXIBILITY.

    ``(a) In General.--The Administrator shall establish a means by 
which a State or local government may, on its own accord or in 
conjunction with other State or local governments, submit such payments 
to the Administrator as are necessary to fully cover the cost of any 
premium for any property within the jurisdiction of the State or local 
government.
    ``(b) Risk Premium Rate.--The Administrator shall require that the 
amount of any payment from a State or local government under subsection 
(a) be consistent with sections 1307 and 1308.''.

SEC. 5. MITIGATION ASSISTANCE FOR HOMEOWNERS.

    Section 404 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the 
following:
    ``(f) Special Provision Relating to Flood Mitigation.--
            ``(1) Definition.--In this subsection, the term `eligible 
        property' means--
                    ``(A) a property--
                            ``(i) described in paragraph (1) or (2) of 
                        section 1307(g) of the National Flood Insurance 
                        Act of 1968 (42 U.S.C. 4014(g));
                            ``(ii) for which a policy under the flood 
                        insurance program has lapsed in coverage, as a 
                        result of the deliberate choice of the holder 
                        of such policy, as described in paragraph (3) 
                        of section 1307(g) of the National Flood 
                        Insurance Act of 1968 (42 U.S.C. 4014(g)); or
                            ``(iii) with respect to which a prospective 
                        insured refuses to accept any offer for 
                        mitigation assistance by the Administrator of 
                        the Federal Emergency Management Agency 
                        (including an offer to relocate), as described 
                        in paragraph (4) of section 1307(g) of the 
                        National Flood Insurance Act of 1968 (42 U.S.C. 
                        4014(g)); and
                    ``(B) a property for which the risk premium rate 
                for flood insurance coverage under the National Flood 
                Insurance Program increases under section 1308(h) of 
                the National Flood Insurance Act of 1968 (42 U.S.C. 
                4015(h)) on or after July 6, 2012.
            ``(2) Mitigation against future flooding.--In providing 
        hazard mitigation assistance under this section in connection 
        with flooding, the Administrator of the Federal Emergency 
        Management Agency shall ensure that not less than 25 percent of 
        the estimated aggregate amount of such assistance provided to a 
        grant recipient is used to elevate, acquire, or relocate 
        eligible properties, to the extent that eligible properties 
        exist within the jurisdiction of the grant recipient.''.

SEC. 6. CONSTRUCTION AND RESTORATION OF FLOOD PROTECTION SYSTEMS.

    (a) Adequate Progress on Construction of Flood Protection 
Systems.--Section 1307(e) of the National Flood Insurance Act of 1968 
(42 U.S.C. 4014(e)) is amended by inserting after the second sentence 
the following: ``Notwithstanding any other provision of law, in 
determining whether a community has made adequate progress on the 
construction, reconstruction, or improvement of a flood protection 
system, the Administrator shall not consider the level of Federal 
funding of or participation in the construction, reconstruction, or 
improvement.''.
    (b) Communities Restoring Disaccredited Flood Protection Systems.--
Section 1307(f) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4014(f)) is amended in the first sentence by striking ``no longer does 
so.'' and inserting the following: ``no longer does so, and shall apply 
without regard to the level of Federal funding of or participation in 
the construction, reconstruction, or improvement of the flood 
protection system.''.

SEC. 7. APPROPRIATE CREDIT FOR FLOOD CONTROL STRUCTURES.

    Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4101) is amended by adding at the end the following:
    ``(k) Actual Protection Provided by Levee Systems.--The 
Administrator may not issue a flood insurance rate map or an update to 
a flood insurance rate map for an area unless--
            ``(1) the flood insurance rate map or update adequately 
        reflects the protection provided by any levee system in the 
        area against the base flood, regardless of the accreditation 
        status of the levee system under section 65.10 of title 44, 
        Code of Federal Regulations, or any successor thereto; or
            ``(2) the community in which any levee system in the area 
        is located elects not to provide the data necessary for the 
        Administrator to issue a flood insurance rate map or update 
        that adequately reflects the protection provided by the levee 
        system against the base flood.''.