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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9809 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9809

      To amend the National Flood Insurance Act of 1968 to expand 
opportunities for families living in areas of high flood risk to access 
  Federal assistance for voluntary relocation, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2024

 Mr. Casten (for himself and Mr. Blumenauer) introduced the following 
bill; which was referred to the Committee on Financial Services, and in 
 addition to the Committee on Transportation and Infrastructure, 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 amend the National Flood Insurance Act of 1968 to expand 
opportunities for families living in areas of high flood risk to access 
  Federal assistance for voluntary relocation, 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 ``Protecting Families and the Solvency 
of the National Flood Insurance Program Act of 2024''.

SEC. 2. VOLUNTARY BUYOUTS IN LIEU OF FLOOD CLAIMS.

    (a) In General.--Section 1312 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4019) is amended by adding at the end the following:
    ``(d) Expedited Voluntary Buyouts.--
            ``(1) In general.--The Administrator may offer a voluntary 
        buyout option to a policyholder for an insured property if the 
        following requirements have been met:
                    ``(A) Determination.--The Administrator has 
                determined, based on the pre-flood value of the insured 
                property, the damage claim history of the insured 
                property, and projected future claims for the insured 
                property, that purchasing the insured property would 
                result in long-term benefits to the National Flood 
                Insurance Fund.
                    ``(B) Property eligibility.--The insured property--
                            ``(i) has been identified as a repetitive 
                        loss or severe repetitive loss property, as 
                        such terms are defined in section 1366(h);
                            ``(ii) has been designated, by the 
                        participating community in which such insured 
                        property is located, as substantially damaged 
                        structure; or
                            ``(iii) would be filing a claim for the 
                        maximum level of coverage, if not purchased by 
                        the Administrator.
                    ``(C) Community eligibility.--The participating 
                community in which such insured property is located has 
                agreed to--
                            ``(i) take title to the insured property; 
                        and
                            ``(ii) prioritize mitigation to such 
                        insured property or to the area in which such 
                        insured property is located through actions or 
                        plans determined appropriate by the 
                        Administrator, including--
                                    ``(I) a repetitive loss area 
                                analysis plan conducted for and 
                                consistent with criteria for the 
                                community rating system authorized 
                                under section 1315(b) (42 U.S.C. 
                                4022(b));
                                    ``(II) a locally adopted plan 
                                completed in compliance with 
                                requirements of section 1361(e) (42 
                                U.S.C. 4102(e));
                                    ``(III) a locally adopted flood 
                                risk mitigation plan consistent with 
                                the requirements of section 1366(b) (42 
                                U.S.C. 4104c(b));
                                    ``(IV) an ongoing local or State 
                                program for property buyouts to address 
                                flooding problems that conforms with 
                                such requirement as the Administrator 
                                may establish; or
                                    ``(V) such other action or plan as 
                                the Administrator may require.
            ``(2) SHFA status.--If each of the requirements described 
        in paragraph (1) is satisfied, the Administrator may offer a 
        voluntary buyout option to a policy holder for an insured 
        property even if such insured property is not located in a 
        special flood hazard area.
            ``(3) Amount of buyout offer.--The amount of a buyout offer 
        made by the Administrator under this subsection for an insured 
        property may exceed the amount of the claim made by the policy 
        holder with respect to such insured property.
            ``(4) Use of fund amounts.--The Administrator may use 
        amounts in the National Flood Insurance Fund to provide payment 
        for any buyout offered by the Administrator and accepted by a 
        policyholder that meets the requirements of this subsection.
            ``(5) No delay or reduction.--The Administrator shall 
        ensure that any buyout offer made to a policyholder under this 
        subsection does not delay or reduce the amount of any payment 
        for the claim made by such policyholder.
            ``(6) Special considerations.--When deciding whether to 
        offer a buyout of an insured property under this subsection, 
        the Administrator may consider--
                    ``(A) the current reserves and financial status of 
                the National Flood Insurance Fund;
                    ``(B) the expected number of buyout requests; and
                    ``(C) opportunities to supplement available 
                National Flood Insurance Fund amounts with other 
                disaster or mitigation assistance available from 
                Federal and non-Federal sources.
            ``(7) Transfer of property.--If a policyholder accepts a 
        voluntary buyout offered by the Administrator under this 
        section for an insured property, the Administrator shall take 
        ownership of the property and not later than 90 days after 
        taking ownership of such property, transfer ownership of such 
        property to a unit of local government for management in 
        compliance with the requirements under section 404(b)(2) of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act.
            ``(8) Rulemaking.--The Administrator may issues such rules 
        as the Administrator determines necessary to carry out this 
        subsection.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of the enactment of this section.

SEC. 3. COMMUNITY ACTION TO ADDRESS REPETITIVELY FLOODED AREAS.

    Section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4102) is amended by adding at the end the following new subsection:
    ``(e) Community Action for Repeatedly Flooded Areas.--
            ``(1) Requirements for covered communities.--The 
        Administrator shall, by rule, require each covered community 
        to--
                    ``(A) determine the areas within the covered 
                community in which properties described in the 
                definition of covered community are located in order to 
                identify areas that are repeatedly damaged by floods;
                    ``(B) assess, with assistance from the 
                Administrator, future conditions which may represent 
                continuing risks to the repeatedly damaged areas 
                identified pursuant to subparagraph (A);
                    ``(C) develop a community-specific plan for 
                mitigating continuing flood risks to the repeatedly 
                damaged areas identified pursuant to subparagraph (A);
                    ``(D) submit the plan described in subparagraph (C) 
                and any plan updates to the Administrator at 
                appropriate intervals;
                    ``(E) implement the plan described in subparagraph 
                (C); and
                    ``(F) subject to section 552a of title 5, United 
                States Code, make the plan described in subparagraph 
                (C), any updates to the plan, and reports on progress 
                in reducing flood risk available to the public.
            ``(2) Coordination with existing planning efforts.--As 
        determined by the Administrator, a covered community may 
        address the planning requirements of this subsection in 
        coordination with other planning efforts, including--
                    ``(A) a plan developed under section 1366 of this 
                title (42 U.S.C. 4104c);
                    ``(B) a plan developed under section 322 of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5165); or
                    ``(C) a plan completed for, conducted for, and 
                consistent with criteria for the community rating 
                system authorized under section 1315(b) of this title 
                (42 U.S.C. 4022(b)).
            ``(3) Authorization and assistance.--
                    ``(A) In general.--The Administrator may issue 
                appropriate policies and regulations to assist covered 
                communities in identification of repeatedly flooded 
                areas and in implementing practical plans for 
                addressing the identified flooding problems.
                    ``(B) Types of assistance.--Assistance authorized 
                under this section may include--
                            ``(i) sharing of information in accordance 
                        with the requirements of section 552a of title 
                        5, United States Code, and the subchapter II of 
                        chapter 35 of title 44, United States Code;
                            ``(ii) consideration of possible sources of 
                        financial assistance to communities, 
                        including--
                                    ``(I) potential lowering of non-
                                Federal cost shares for mitigation of 
                                properties; and
                                    ``(II) potential priority for 
                                applicable grant mitigation funding 
                                managed by the Administrator;
                            ``(iii) additional technical assistance to 
                        communities the Administrator may deem most at-
                        risk for repeated flooding events;
                            ``(iv) reasonable considerations and 
                        targeted assistance for communities defined as 
                        underserved or high-risk under section 203(a) 
                        of the Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 5133(a)); 
                        and
                            ``(v) special assistance aimed at 
                        implementing Executive Order 13985 (January 20, 
                        2021) on Advancing Racial Equity and Support 
                        for Underserved Communities Through the Federal 
                        Government, as defined by the Administrator.
                    ``(C) Special considerations.--In determining an 
                appropriate level of assistance for a covered 
                community, as provided in subparagraph (B), the 
                Administrator shall consider the extent to which the 
                community is working to remedy problems associated with 
                repeated flooding and the resources available to the 
                covered community, including--
                            ``(i) any Federal or State funding received 
                        by the covered community;
                            ``(ii) the portion of the covered community 
                        that is located within areas having special 
                        flood hazards; and
                            ``(iii) any other factor that makes it 
                        difficult for the covered community to conduct 
                        mitigation activities for flood-prone 
                        structures.
            ``(4) Reports to congress.--Not later than 3 years after 
        the date of enactment of this subsection, and not less 
        frequently than once every 2 years thereafter, the 
        Administrator shall submit to the Congress a report regarding 
        the progress made by covered communities with respect to 
        implementing plans developed under paragraph (2)(C) and, to the 
        extent possible, the trends in numbers of repetitive loss and 
        severe repetitive loss properties.
            ``(5) Covered community defined.--In this subsection, the 
        term `covered community' means a community--
                    ``(A) that is participating in the national flood 
                insurance program and in compliance with all 
                requirements of this Act; and
                    ``(B) within which are located--
                            ``(i) not less than 50 repetitive loss 
                        structures; or
                            ``(ii) not fewer than 5 severe repetitive 
                        loss structures for which mitigation activities 
                        meeting the standards for approval under 
                        section 1366(c)(2)(A) have not been conducted; 
                        and
                    ``(C) which has been identified by the 
                Administrator as a priority for assessment and 
                mitigation in accordance with the rules required under 
                this subsection.''.

SEC. 4. FLOOD MITIGATION ASSISTANCE.

    (a) Authority.--Section 1366(a)(2) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4104c(a)(2)) is amended--
            (1) by inserting ``repetitive loss structures,'' after 
        ``damage to''; and
            (2) by inserting before ``; and'' the following: ``, and 
        other structures within an area that has been identified by the 
        State or community as a repetitive loss area or has been 
        determined by the Administrator to pose a significant risk of 
        recurrent flooding''.
    (b) Eligible Mitigation Activities.--Subsection (c) of section 1366 
of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is 
amended--
            (1) in paragraph (2)--
                    (A) in the paragraph heading, by inserting 
                ``fairness,'' after ``cost effectiveness'';
                    (B) in subparagraph (A)--
                            (i) in clause (i)--
                                    (I) by inserting ``, equitable,'' 
                                after ``feasible''; and
                                    (II) by inserting ``over the long 
                                term'' after ``cost-effective''; and
                            (ii) in clause (ii), by inserting 
                        ``repetitive loss or'' before ``severe''; and
                    (C) in subparagraph (B) by inserting ``, including 
                benefits that provide needed assistance to vulnerable 
                populations'' before the period at the end;
            (2) in paragraph (3)--
                    (A) in subparagraph (C)--
                            (i) by striking ``for public use,''; and
                            (ii) by inserting ``, considering current 
                        and future risks'' before the semicolon at the 
                        end;
                    (B) in subparagraph (H) by inserting ``and'' after 
                the semicolon at the end;
                    (C) in subparagraph (I) by striking ``; and'' and 
                inserting a period; and
                    (D) by striking subparagraph (J); and
            (3) in paragraph (4), by adding after the period, the 
        following: ``In any case in which elevation or rebuilding is 
        required or authorized by the Administrator or by State or 
        local regulation or ordinance, the appropriate level of 
        elevation shall incorporate appropriate freeboard or other 
        resilience factors based on an assessment using the best 
        scientific information to determine risk levels over the 
        expected lifetime of the structure.''.
    (c) Matching Requirement.--Subsection (d) of section 1366 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4104c(d)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``In the case of mitigation 
                activities to repetitive loss structures,'' and 
                inserting:
                    ``(A) In general.--In the case of mitigation 
                activities to repetitive loss structures,''; and
                    (B) by adding at the end the following:
                    ``(B) Special rule.--In the case of mitigation 
                activities to repetitive loss structures that lie 
                within an area identified under a local plan adopted 
                pursuant to section 1361(e), in an amount up to 100 
                percent of all eligible costs.''.
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following:
            ``(3) Properties within underserved communities.--In an 
        amount up to 100 percent of all eligible costs for a property--
                    ``(A) located within a census tract with a Centers 
                for Disease Control and Prevention Social Vulnerability 
                Index score of not less than 0.5001; or
                    ``(B) that serves as a primary residence for a 
                household with a household income of not more than 100 
                percent of the applicable area median income.''.

SEC. 5. PREDISASTER MITIGATION.

    (a) Definitions.--Section 203(a) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5133) is amended to read 
as follows:
    ``(a) Definitions.--In this section:
            ``(1) Underserved community.--The term `underserved 
        community' means a population sharing a particular 
        characteristic, or a geographic community, that based on 
        criteria established by the President, has been systematically 
        denied a full opportunity to participate in aspects of 
        economic, social, and civic life.
            ``(2) High-risk community.--The term `high risk community' 
        means a community that has significant risk to health, safety, 
        or economic stability from natural disasters and also has 
        limited resources to plan for and mitigate against such risks, 
        as determined by the President based on--
                    ``(A) a consideration of past natural disasters;
                    ``(B) an evaluation of claims against the National 
                Flood Insurance Fund;
                    ``(C) an evaluation of other Federal expenditures 
                for disaster response and recovery; or
                    ``(D) an analysis of data related to size of the 
                community, social vulnerability, poverty levels, 
                unemployment, housing shortages, or other factors that 
                affect the community's capacity to prepare for and 
                recover from natural disasters.''.
    (b) State Recommendations.--Subparagraph (B) of section 203(d)(2) 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C 5133) is amended to read as follows:
                    ``(B) Exceptions.--In providing assistance to local 
                governments under this section, the President may 
                select a local government that has been identified as a 
                underserved community or a high-risk community, or, if 
                the President determines that extraordinary 
                circumstances justify the selection and that making the 
                selection will further the purpose of this section, 
                another community that has not been recommended by a 
                Governor under this subsection.''.
    (c) Criteria for Assistance Awards.--Section 203(g) of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5133(g)) is amended--
            (1) in paragraph (1) by inserting ``, including the 
        likelihood that identified hazards will increase in severity, 
        frequency, or impact in the future'' before the semicolon at 
        the end;
            (2) in paragraph (8) by inserting ``, including securing 
        improved protections for vulnerable populations'' before the 
        semicolon at the end; and
            (3) in paragraph (9) by inserting ``and high-risk 
        communities'' before the semicolon at the end.
    (d) Federal Share.--Section 203(h)(2) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(h)(2)) is 
amended to read as follows:
            ``(2) Underserved and high-risk communities.--
        Notwithstanding paragraph (1), the President may contribute up 
        to 100 percent of the total cost of a mitigation activity 
        carried out in an underserved community or in a high-risk 
        community.''.

SEC. 6. HAZARD MITIGATION GRANT PROGRAM.

    Section 404(b) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170c(b)) is amended--
            (1) in paragraph (1), by inserting after the period at the 
        end the following: ``In providing such assistance, the 
        Administrator shall allow for participating property owners, as 
        well as any affected tenants, to be treated as displaced 
        persons under the Uniform Relocation Assistance and Real 
        property Acquisition Policies Act of 1970.''; and
            (2) by adding at the end the following new paragraph:
            ``(4) Special considerations.--In the case of an 
        acquisition or relocation project undertaken in cooperation 
        with a community which meets the criteria set forth under 
        subsection 1312(d) of the National Flood Insurance Act, the 
        Administrator may recognize for credit toward necessary local 
        cost shares any properly documented expenditures related to 
        such project which may have been made before the date of the 
        grant award. Such expenditures may include costs related to 
        structure inspections and appraisals, title searches, outreach 
        to potentially affected property owners, real estate counseling 
        and other necessary assistance, and planning for reuse of the 
        properties in compliance with this subsection.''.
                                 <all>
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