I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Flood Insur5 ance Program Termination Act of 2010’’. 


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1 SEC. 2. TERMINATION OF NATIONAL FLOOD INSURANCE 

2 PROGRAM. 

3 (a) TERMINATION OF AUTHORITY TO PROVIDE COV4 ERAGE.—Effective at the end of December 31, 2013, the 

5 Administrator of the Federal Emergency Management 

6 Agency (in this section referred to as the ‘‘Adminis7 trator’’) shall not provide any new flood insurance cov8 erage, or renew any coverage provided before such date, 

9 under the National Flood Insurance Act of 1968 (42 

10 U.S.C. 4001 et seq.). 

11 (b) TREATMENT OF EXISTING COVERAGE.—Sub12 section (a) shall not— 

13 (1) affect any flood insurance coverage provided 

14 under such Act under a contract or agreement en15 tered into before the date specified in such sub16 section and, notwithstanding the repeals under sec17 tion 3, such provisions as in effect immediately be18 fore such repeal shall continue to apply with respect 

19 to flood insurance coverage in force after such re20 peal; or 

21 (2) require the termination of any contract or 

22 other agreement for flood insurance coverage entered 

23 into before such date. 

24 (c) WIND-UP.—After the date specified in subsection 

25 (a), the Administrator shall take such actions as may be 


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1 necessary steps to wind up the affairs of the National 

2 Flood Insurance Program. 

3 (d) TREATMENT OF FUNDS.—Amounts in the Na4 tional Flood Insurance Fund established under section 

5 1310 of the National Flood Insurance Act of 1968 (42 

6 U.S.C. 4017) shall be available to the Administrator for 

7 performing the functions of the Administrator with re8 spect to flood insurance coverage remaining in force after 

9 the date specified in subsection (a). Upon the expiration 

10 of the contracts and agreements for such coverage, any 

11 unexpended balances in such Fund shall be deposited in 

12 the Treasury as miscellaneous receipts. 

13 (e) SAVINGS PROVISIONS.— 

14 (1) TREATMENT OF PRIOR DETERMINATIONS.— 

15 The repeals made by section 3 of the provisions of 

16 law specified in such section shall not affect any 

17 order, determination, regulation, or contract that 

18 has been issued, made, or allowed to become effec19 tive under such provisions before the effective date 

20 of the repeal. All such orders, determinations, regu21 lations, and contracts shall continue in effect until 

22 modified, superseded, terminated, set aside, or re23 voked in accordance with law by the President, the 

24 Administrator, or other authorized official, a court 

25 of competent jurisdiction, or by operation of law. 


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1 (2) PENDING PROCEEDINGS.— 

2 (A) EFFECT ON PENDING PROCEEDINGS.— 

3 The repeals made by section 3 shall not affect 

4 any proceedings relating to the National Flood 

5 Insurance Program, including notices of pro6 posed rulemaking, pending on the effective date 

7 of the repeals, before the Federal Emergency 

8 Management Agency, except that no assistance 

9 or flood insurance coverage may be provided 

10 pursuant to any application pending on such ef11 fective date. Such proceedings, to the extent 

12 that they relate to functions performed by the 

13 Administrator after such repeal, shall be contin14 ued. Orders shall be issued in such proceedings, 

15 appeals shall be taken therefrom, and payments 

16 shall be made pursuant to such orders, as if 

17 this Act had not been enacted; and orders 

18 issued in any such proceedings shall continue in 

19 effect until modified, terminated, superseded, or 

20 revoked by the Administrator, by a court of 

21 competent jurisdiction, or by operation of law. 

22 (B) CONSTRUCTION.—Nothing in this sub23 section may be construed to prohibit the dis24 continuance or modification of any proceeding 

25 described in subparagraph (A) under the same 


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1 terms and conditions and to the same extent 

2 that such proceeding could have been discon3 tinued or modified if this section had not been 

4 enacted. 

5 (3) ACTIONS.—This section shall not affect 

6 suits commenced before the effective date of the re7 peals made by section 3, and in all such suits, pro8 ceedings shall be had, appeals taken, and judgments 

9 rendered in the same manner and effect as if this 

10 section had not been enacted. 

11 (4) LIABILITIES INCURRED.—No suit, action, 

12 or other proceeding commenced by or against an in13 dividual in the official capacity of such individual as 

14 an officer of the Federal Emergency Management 

15 Agency having any responsibility for the National 

16 Flood Insurance Program shall abate by reason of 

17 the enactment of this section. No cause of action re18 lating to such Program, by or against the Federal 

19 Emergency Management Agency, or by or against 

20 any officer thereof in the official capacity of such of21 ficer having any responsibility for such program, 

22 shall abate by reason of the enactment of this sec23 tion. 


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1 SEC. 3. REPEALS AND CONTINUATION OF FEMA MAPPING 

2 RESPONSIBILITIES. 

3 (a) NATIONAL FLOOD INSURANCE ACT OF 1968.— 

4 The National Flood Insurance Act of 1968 is amended— 

5 (1) by striking section 1302 (42 U.S.C. 4001); 

6 (2) by striking chapters I and II (42 U.S.C. 

7 4011 et seq.); 

8 (3) in section 1360 (42 U.S.C. 4101)— 

9 (A) in subsection (a)(2), by striking ‘‘until 

10 the date specified in section 1319’’; 

11 (B) by striking subsection (d); 

12 (C) in subsection (g)— 

13 (i) by striking ‘‘To promote compli14 ance with the requirements of this title, 

15 the’’ and inserting ‘‘The’’; 

16 (ii) by striking ‘‘directly responsible 

17 for coordinating the national flood insur18 ance program’’; 

19 (iii) in the last sentence, by striking 

20 ‘‘National Flood Insurance Fund, pursuant 

21 to section 1310(b)(6)’’ and inserting the 

22 following: ‘‘General Fund of the Treasury 

23 and shall be used only for reducing the 

24 debt of the Federal Government’’; and 

25 (D) in subsection (i)— 


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1 (i) by striking ‘‘free of charge’’ and 

2 inserting ‘‘at cost’’; 

3 (ii) by striking ‘‘and States and com4 munities participating in the national flood 

5 insurance program pursuant to section 

6 1310 and at cost to all other’’ and insert7 ing ‘‘, States and communities, and other 

8 interested’’; and 

9 (iii) in the he last sentence, by strik10 ing ‘‘National Flood Insurance Fund, pur11 suant to section 1310(b)(6)’’ and inserting 

12 the following: ‘‘General Fund of the Treas13 ury and shall be used only for reducing the 

14 debt of the Federal Government’’; 

15 (4) by striking sections 1361A (42 U.S.C. 

16 4102a); 

17 (5) in section 1363(e) (42 U.S.C. 4104(e)), by 

18 striking the third and fifth sentences; and 

19 (6) in section 1364 (42 U.S.C. 4104a)— 

20 (A) in subsection (a)— 

21 (i) in paragraphs (1) and (2), by 

22 striking ‘‘or the Flood Disaster Protection 

23 Act of 1973’’ each place such term ap24 pears; and 

25 (ii) in paragraph (3)— 


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1 (I) by striking subparagraphs 

2 (B) and (C) and inserting the fol3 lowing: 

4 ‘‘(B) a statement that flood insurance cov5 erage may be available in the private market or 

6 through a State-sponsored program; and’’; and 

7 (II) by redesignating subpara8 graph (D) as subparagraph (C); 

9 (B) by striking subsections (b) and (c); 

10 (7) in section 1365 (42 U.S.C. 4104b)— 

11 (A) in subsection (a), by striking ‘‘and in 

12 which flood insurance under this title is avail13 able’’; and 

14 (B) in subsection (b)— 

15 (i) by striking paragraph (1); and 

16 (ii) in paragraph (2)— 

17 (I) in the first sentence, by strik18 ing ‘‘the community identification 

19 number and community participation 

20 status (for purposes of the national 

21 flood insurance program) of the com22 munity in which the improved real es23 tate or such property is located,’’; and 

24 (II) in the third sentence, by 

25 striking ‘‘because the building or moVerDate Mar 15 2010 04:53 Feb 02, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H435.IH H435

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1 bile home is not located in a commu2 nity that is participating in the na3 tional flood insurance program or’’; 

4 (8) by striking sections 1366 and 1367 (42 

5 U.S.C. 4104c, 4104d); 

6 (9) in section 1370 (42 U.S.C. 4121)— 

7 (A) by striking paragraphs (3), (4), (5), 

8 (7), (14), and (15); 

9 (B) in paragraph (12)(B), by striking the 

10 semicolon at the end and inserting ‘‘; and’’; 

11 (C) in paragraph (13), by striking the 

12 semicolon at the end and inserting a period; 

13 and 

14 (D) by redesignating paragraphs (6), (8), 

15 (9), (10), (11), (12), and (13), as so amended, 

16 as paragraphs (3), (4), (5), (6), (7), (8), and 

17 (9), respectively; 

18 (10) by striking sections 1371 through 1375 

19 (42 U.S.C. 4122–26); 

20 (11) in section 1376 (42 U.S.C. 4127)— 

21 (A) in subsection (a), by striking ‘‘to carry 

22 out this title’’ and all that follows through the 

23 end of paragraph (3) and inserting ‘‘to carry 

24 out the mapping, studies, investigations, and 


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1 other responsibilities of the Director under this 

2 title’’; and 

3 (B) by striking subsection (c); and 

4 (12) by striking section 1377 (42 U.S.C. 4001 

5 note). 

6 (b) FLOOD DISASTER PROTECTION ACT OF 1973.— 

7 The Flood Disaster Protection Act of 1973 is amended— 

8 (1) by striking section 2 (42 U.S.C. 4002); 

9 (2) by striking section 102 (42 U.S.C. 4012a); 

10 (3) in section 201 (42 U.S.C. 4105)— 

11 (A) by striking subsection (a) and insert12 ing the following new subsection: 

13 ‘‘(a) As information becomes available to the Director 

14 concerning the existence of flood hazards, the Director 

15 shall publish information in accordance with section 

16 1360(a)(1) of the National Flood Insurance Act of 1968 

17 and shall notify the chief executive officer of each known 

18 flood-prone community of its tentative identification as a 

19 community containing one or more areas having special 

20 flood hazards.’’; 

21 (B) in subsection (b), by striking ‘‘shall ei22 ther (1) promptly make proper application to 

23 participate in the national flood insurance pro24 gram or (2)’’ and inserting ‘‘may’’; 

25 (C) by striking subsections (c) and (d); 


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1 (D) by redesignating subsection (e) as sub2 section (c); and 

3 (4) by striking section 202 (42 U.S.C. 4106). 

4 (c) BUNNING-BEREUTER-BLUMENAUER FLOOD IN5 SURANCE REFORM ACT OF 2004.—Title II of the 

6 Bunning-Bereuter-Blumenauer Flood Insurance Reform 

7 Act of 2004 (42 U.S.C. 4011 note). 

8 (d) NATIONAL FLOOD INSURANCE REFORM ACT OF

9 1994.—The National Flood Insurance Reform Act of 

10 1994 is amended by striking sections 561 (42 U.S.C. 4011 

11 note), 562 (42 U.S.C. 4102 note), 578 (42 U.S.C. 4014 

12 note), 579(b), and 582 (42 U.S.C. 5154a). 

13 (e) FEDERAL FLOOD INSURANCE ACT OF 1956.— 

14 Section 15 of the Federal Flood Insurance Act of 1956 

15 (42 U.S.C. 2414) is amended by striking subsection (e). 

16 (f) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect at the end of December 31, 

18 2013. 

19 SEC. 4. INTERSTATE COMPACTS FOR FLOOD INSURANCE 

20 COVERAGE. 

21 (a) CONGRESSIONAL CONSENT.—The consent of the 

22 Congress is hereby given to any two or more States to 

23 enter into agreement or compacts, not in conflict with any 

24 law of the United States, for making available to inter25 ested persons insurance coverage against loss resulting 


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1 from physical damage to or loss of real property or per2 sonal property related thereto arising from any flood oc3 curring in the United States. 

4 (b) RIGHTS RESERVED.—The right to alter, amend, 

5 or repeal this section, or consent granted by this section, 

6 is expressly reserved to the Congress. 

Æ 


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