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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 435 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 435

To terminate the National Flood Insurance Program and related mandatory 
     purchase and compliance requirements, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 2011

   Mrs. Miller of Michigan introduced the following bill; which was 
referred to the Committee on Financial Services, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To terminate the National Flood Insurance Program and related mandatory 
     purchase and compliance requirements, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Flood Insurance Program 
Termination Act of 2010''.

SEC. 2. TERMINATION OF NATIONAL FLOOD INSURANCE PROGRAM.

    (a) Termination of Authority To Provide Coverage.--Effective at the 
end of December 31, 2013, the Administrator of the Federal Emergency 
Management Agency (in this section referred to as the 
``Administrator'') shall not provide any new flood insurance coverage, 
or renew any coverage provided before such date, under the National 
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
    (b) Treatment of Existing Coverage.--Subsection (a) shall not--
            (1) affect any flood insurance coverage provided under such 
        Act under a contract or agreement entered into before the date 
        specified in such subsection and, notwithstanding the repeals 
        under section 3, such provisions as in effect immediately 
        before such repeal shall continue to apply with respect to 
        flood insurance coverage in force after such repeal; or
            (2) require the termination of any contract or other 
        agreement for flood insurance coverage entered into before such 
        date.
    (c) Wind-Up.--After the date specified in subsection (a), the 
Administrator shall take such actions as may be necessary steps to wind 
up the affairs of the National Flood Insurance Program.
    (d) Treatment of Funds.--Amounts in the National Flood Insurance 
Fund established under section 1310 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4017) shall be available to the Administrator for 
performing the functions of the Administrator with respect to flood 
insurance coverage remaining in force after the date specified in 
subsection (a). Upon the expiration of the contracts and agreements for 
such coverage, any unexpended balances in such Fund shall be deposited 
in the Treasury as miscellaneous receipts.
    (e) Savings Provisions.--
            (1) Treatment of prior determinations.--The repeals made by 
        section 3 of the provisions of law specified in such section 
        shall not affect any order, determination, regulation, or 
        contract that has been issued, made, or allowed to become 
        effective under such provisions before the effective date of 
        the repeal. All such orders, determinations, regulations, and 
        contracts shall continue in effect until modified, superseded, 
        terminated, set aside, or revoked in accordance with law by the 
        President, the Administrator, or other authorized official, a 
        court of competent jurisdiction, or by operation of law.
            (2) Pending proceedings.--
                    (A) Effect on pending proceedings.--The repeals 
                made by section 3 shall not affect any proceedings 
                relating to the National Flood Insurance Program, 
                including notices of proposed rulemaking, pending on 
                the effective date of the repeals, before the Federal 
                Emergency Management Agency, except that no assistance 
                or flood insurance coverage may be provided pursuant to 
                any application pending on such effective date. Such 
                proceedings, to the extent that they relate to 
                functions performed by the Administrator after such 
                repeal, shall be continued. Orders shall be issued in 
                such proceedings, appeals shall be taken therefrom, and 
                payments shall be made pursuant to such orders, as if 
                this Act had not been enacted; and orders issued in any 
                such proceedings shall continue in effect until 
                modified, terminated, superseded, or revoked by the 
                Administrator, by a court of competent jurisdiction, or 
                by operation of law.
                    (B) Construction.--Nothing in this subsection may 
                be construed to prohibit the discontinuance or 
                modification of any proceeding described in 
                subparagraph (A) under the same terms and conditions 
                and to the same extent that such proceeding could have 
                been discontinued or modified if this section had not 
                been enacted.
            (3) Actions.--This section shall not affect suits commenced 
        before the effective date of the repeals made by section 3, and 
        in all such suits, proceedings shall be had, appeals taken, and 
        judgments rendered in the same manner and effect as if this 
        section had not been enacted.
            (4) Liabilities incurred.--No suit, action, or other 
        proceeding commenced by or against an individual in the 
        official capacity of such individual as an officer of the 
        Federal Emergency Management Agency having any responsibility 
        for the National Flood Insurance Program shall abate by reason 
        of the enactment of this section. No cause of action relating 
        to such Program, by or against the Federal Emergency Management 
        Agency, or by or against any officer thereof in the official 
        capacity of such officer having any responsibility for such 
        program, shall abate by reason of the enactment of this 
        section.

SEC. 3. REPEALS AND CONTINUATION OF FEMA MAPPING RESPONSIBILITIES.

    (a) National Flood Insurance Act of 1968.--The National Flood 
Insurance Act of 1968 is amended--
            (1) by striking section 1302 (42 U.S.C. 4001);
            (2) by striking chapters I and II (42 U.S.C. 4011 et seq.);
            (3) in section 1360 (42 U.S.C. 4101)--
                    (A) in subsection (a)(2), by striking ``until the 
                date specified in section 1319'';
                    (B) by striking subsection (d);
                    (C) in subsection (g)--
                            (i) by striking ``To promote compliance 
                        with the requirements of this title, the'' and 
                        inserting ``The'';
                            (ii) by striking ``directly responsible for 
                        coordinating the national flood insurance 
                        program'';
                            (iii) in the last sentence, by striking 
                        ``National Flood Insurance Fund, pursuant to 
                        section 1310(b)(6)'' and inserting the 
                        following: ``General Fund of the Treasury and 
                        shall be used only for reducing the debt of the 
                        Federal Government''; and
                    (D) in subsection (i)--
                            (i) by striking ``free of charge'' and 
                        inserting ``at cost'';
                            (ii) by striking ``and States and 
                        communities participating in the national flood 
                        insurance program pursuant to section 1310 and 
                        at cost to all other'' and inserting ``, States 
                        and communities, and other interested''; and
                            (iii) in the he last sentence, by striking 
                        ``National Flood Insurance Fund, pursuant to 
                        section 1310(b)(6)'' and inserting the 
                        following: ``General Fund of the Treasury and 
                        shall be used only for reducing the debt of the 
                        Federal Government'';
            (4) by striking sections 1361A (42 U.S.C. 4102a);
            (5) in section 1363(e) (42 U.S.C. 4104(e)), by striking the 
        third and fifth sentences; and
            (6) in section 1364 (42 U.S.C. 4104a)--
                    (A) in subsection (a)--
                            (i) in paragraphs (1) and (2), by striking 
                        ``or the Flood Disaster Protection Act of 
                        1973'' each place such term appears; and
                            (ii) in paragraph (3)--
                                    (I) by striking subparagraphs (B) 
                                and (C) and inserting the following:
                    ``(B) a statement that flood insurance coverage may 
                be available in the private market or through a State-
                sponsored program; and''; and
                                    (II) by redesignating subparagraph 
                                (D) as subparagraph (C);
                    (B) by striking subsections (b) and (c);
            (7) in section 1365 (42 U.S.C. 4104b)--
                    (A) in subsection (a), by striking ``and in which 
                flood insurance under this title is available''; and
                    (B) in subsection (b)--
                            (i) by striking paragraph (1); and
                            (ii) in paragraph (2)--
                                    (I) in the first sentence, by 
                                striking ``the community identification 
                                number and community participation 
                                status (for purposes of the national 
                                flood insurance program) of the 
                                community in which the improved real 
                                estate or such property is located,''; 
                                and
                                    (II) in the third sentence, by 
                                striking ``because the building or 
                                mobile home is not located in a 
                                community that is participating in the 
                                national flood insurance program or'';
            (8) by striking sections 1366 and 1367 (42 U.S.C. 4104c, 
        4104d);
            (9) in section 1370 (42 U.S.C. 4121)--
                    (A) by striking paragraphs (3), (4), (5), (7), 
                (14), and (15);
                    (B) in paragraph (12)(B), by striking the semicolon 
                at the end and inserting ``; and'';
                    (C) in paragraph (13), by striking the semicolon at 
                the end and inserting a period; and
                    (D) by redesignating paragraphs (6), (8), (9), 
                (10), (11), (12), and (13), as so amended, as 
                paragraphs (3), (4), (5), (6), (7), (8), and (9), 
                respectively;
            (10) by striking sections 1371 through 1375 (42 U.S.C. 
        4122-26);
            (11) in section 1376 (42 U.S.C. 4127)--
                    (A) in subsection (a), by striking ``to carry out 
                this title'' and all that follows through the end of 
                paragraph (3) and inserting ``to carry out the mapping, 
                studies, investigations, and other responsibilities of 
                the Director under this title''; and
                    (B) by striking subsection (c); and
            (12) by striking section 1377 (42 U.S.C. 4001 note).
    (b) Flood Disaster Protection Act of 1973.--The Flood Disaster 
Protection Act of 1973 is amended--
            (1) by striking section 2 (42 U.S.C. 4002);
            (2) by striking section 102 (42 U.S.C. 4012a);
            (3) in section 201 (42 U.S.C. 4105)--
                    (A) by striking subsection (a) and inserting the 
                following new subsection:
    ``(a) As information becomes available to the Director concerning 
the existence of flood hazards, the Director shall publish information 
in accordance with section 1360(a)(1) of the National Flood Insurance 
Act of 1968 and shall notify the chief executive officer of each known 
flood-prone community of its tentative identification as a community 
containing one or more areas having special flood hazards.'';
                    (B) in subsection (b), by striking ``shall either 
                (1) promptly make proper application to participate in 
                the national flood insurance program or (2)'' and 
                inserting ``may'';
                    (C) by striking subsections (c) and (d);
                    (D) by redesignating subsection (e) as subsection 
                (c); and
            (4) by striking section 202 (42 U.S.C. 4106).
    (c) Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 
2004.--Title II of the Bunning-Bereuter-Blumenauer Flood Insurance 
Reform Act of 2004 (42 U.S.C. 4011 note).
    (d) National Flood Insurance Reform Act of 1994.--The National 
Flood Insurance Reform Act of 1994 is amended by striking sections 561 
(42 U.S.C. 4011 note), 562 (42 U.S.C. 4102 note), 578 (42 U.S.C. 4014 
note), 579(b), and 582 (42 U.S.C. 5154a).
    (e) Federal Flood Insurance Act of 1956.--Section 15 of the Federal 
Flood Insurance Act of 1956 (42 U.S.C. 2414) is amended by striking 
subsection (e).
    (f) Effective Date.--The amendments made by this section shall take 
effect at the end of December 31, 2013.

SEC. 4. INTERSTATE COMPACTS FOR FLOOD INSURANCE COVERAGE.

    (a) Congressional Consent.--The consent of the Congress is hereby 
given to any two or more States to enter into agreement or compacts, 
not in conflict with any law of the United States, for making available 
to interested persons insurance coverage against loss resulting from 
physical damage to or loss of real property or personal property 
related thereto arising from any flood occurring in the United States.
    (b) Rights Reserved.--The right to alter, amend, or repeal this 
section, or consent granted by this section, is expressly reserved to 
the Congress.
                                 <all>
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