99–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–138 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1309) TO EXTEND THE 

AUTHORIZATION OF THE NATIONAL FLOOD INSURANCE PROGRAM, TO 

ACHIEVE REFORMS TO IMPROVE THE FINANCIAL INTEGRITY AND STABILITY OF THE PROGRAM, AND TO INCREASE THE ROLE OF PRIVATE 

MARKETS IN THE MANAGEMENT OF FLOOD INSURANCE RISK, AND FOR 

OTHER PURPOSES 

JULY 7, 2011.—Referred to the House Calendar and ordered to be printed 

Mr. SESSIONS, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 340] 

The Committee on Rules, having had under consideration House 

Resolution 340, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 1309, the Flood 

Insurance Reform Act of 2011, under a structured rule. The resolution provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Financial Services. The resolution waives all points of 

order against consideration of the bill. The resolution provides that 

the amendment in the nature of a substitute recommended by the 

Committee on Financial Services now printed in the bill shall be 

considered as an original bill for the purpose of amendment and 

shall be considered as read. The resolution waives all points of 

order against the committee amendment in the nature of a substitute. The resolution makes in order only those amendments 

printed in this report. Each such amendment may be offered only 

in the order printed in this report, may be offered only by a Member designated in this report, shall be considered as read, shall be 

debatable for the time specified in this report equally divided and 

controlled by the proponent and an opponent, shall not be subject 

to amendment, and shall not be subject to a demand for division 

of the question in the House or in the Committee of the Whole. All 

points of order against the amendments are waived. The resolution 

provides that the chair of the Committee on Financial Services or 

his designee may offer amendments en bloc consisting of amendVerDate Mar 15 2010 05:54 Jul 08, 2011 Jkt 099008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR138.XXX HR138

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ments printed in this report not earlier disposed of. Amendments 

en bloc shall be considered as read, shall be debatable for 10 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Financial Services or their designees, shall not be subject to amendment, and shall not be subject 

to a demand for division of the question. The original proponent of 

an amendment included in such amendments may insert a statement in the Congressional Record immediately before the disposition of the amendments en bloc. Finally, the resolution provides 

one motion to recommit with or without instructions. 

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of the bill, the Committee is not aware of any points of 

order. The waiver of all points of order is prophylactic. 

Although the resolution waives all points of order against the 

committee amendment in the nature of a substitute recommended 

by the Committee on Financial Services, the Committee is not 

aware of any points of order. The waiver of all points of order is 

prophylactic. 

Although the resolution waives all points of order against the 

amendments printed in this report, the Committee is not aware of 

any points of order. The waiver of all points of order is prophylactic. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 107 

Motion by Mr. McGovern to report an open rule. Defeated: 3–5 

Majority Members Vote Minority Members Vote 

Mr. Woodall ...................................................... Nay Mr. McGovern ................................................... Yea 

Mr. Nugent ....................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Scott of South Carolina ............................. Nay Mr. Polis ........................................................... Yea 

Mr. Webster ...................................................... Nay 

Mr. Dreier, Chairman ....................................... Nay 

SUMMARY OF AMENDMENTS MADE IN ORDER

1. Biggert (IL): Would make technical corrections to the bill. (10 

minutes) 

2. Bachus (AL): Would allow for a possible fourth and five year 

suspension of the mandatory purchase for certain communities that 

are making more than adequate progress in their construction of 

their flood protection systems. (10 minutes) 

3. Speier (CA): Would make it a violation for a lender, whose 

only interest in the property is the amount of the outstanding 

mortgage indebtedness, to require a homeowner to purchase more 

than the legally required amount of flood insurance—an amount 

equal to the outstanding principal balance of the loan. (10 minutes) 

4. Flake, Jeff (AZ): Would strike additional coverage provided in 

H.R. 1309 for business interruption and cost of living expenses. (10 

minutes) 


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5. Ros-Lehtinen (FL), Rivera (FL), Wilson (FL), Hinojosa (TX), 

Holt (NJ): Would strike the part of Section 5 ‘‘Reforms of Premium 

Rates’’ that would increase annual limit on premium rates increases from 10% to 20%. This will prevent a 100% increase in possible premium hikes. (10 minutes) 

6. Matsui (CA): Would modify language in the bill so that newly 

mapped properties are phased in to full actuarial, flood insurance 

rates at a consistent rate of 20% per year over 5 years and requires 

that newly mapped properties pay 100% of actuarial rates at the 

end of the 5 year phase-in. (10 minutes) 

7. Terry (NE), Berg (ND): Would protect insureds during a ‘flood 

in progress’, if the insured has purchased flood insurance and has 

not sustained damage or loss within the 30 day window. (10 minutes) 

8. Waters (CA): Would streamline and reauthorize the Flood 

Mitigation Assistance Program, the Repetitive Flood Claims Program and the Severe Repetitive Loss Program in order to improve 

their effectiveness and efficiency. (10 minutes) 

9. Palazzo (MS): Would ensure that there is adequate representation from Gulf Coast States on the Technical Mapping Advisory 

Panel. (10 minutes) 

10. Walberg (MI): Would place a moratorium on the issuance of 

any updated rate maps from the date of enactment until the Technical Mapping Advisory Council submits to the FEMA Administrator and Congress the proposed new mapping standards. It would 

allow for the revision, update and change of rate maps only pursuant to a letter of map change, which includes a letter of map 

amendment, letter of map revision, and letter of map revision 

based on fill. (10 minutes) 

11. Cardoza (CA): Would eliminate requirements to more broadly 

map areas considered to be residual risk. (10 minutes) 

12. Burton (IN), Stark (CA): Would require written notification 

by first class mail to each property owner affected by a proposed 

change in flood elevations, prior to the 90-day appeal period. Notification would include an explanation of the appeals process and contact information for responsible officials. (10 minutes) 

13. McGovern (MA): Would allow communities to be reimbursed 

for certain costs associated with a successful challenge to a bona 

fide mapping error made by FEMA resulting in a Letter of Map Revision. (10 minutes) 

14. Brady, Kevin (TX): Would require the FEMA Administrator 

to provide to a property owner newly included in a revised or updated proposed flood map a copy of the proposed flood insurance 

map and information regarding the appeals process at the time the 

proposed map is issued. (10 minutes) 

15. Cuellar (TX): Would require the Administrator to communicate with communities located in areas where flood insurance 

rate maps have not been updated in 20 years or more and the appropriate State emergency agencies to resolve outstanding issues, 

provide technical assistance, and disseminate all necessary information to reduce the prevalence of outdated maps in flood-prone 

areas. (10 minutes) 

16. Sherman (CA), Bachus (AL), Meeks, Gregory (NY): Would require FEMA to reduce the number of flood insurance policies that 

are directly managed by the Agency to not more than 10% of the 


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total number of flood insurance policies in force. Would further authorize FEMA to refuse to accept future transfers of policies to the 

NFIP Direct program. (10 minutes) 

17. Loebsack (IA): Would require FEMA to notify a prominent 

local television and radio station of projected and proposed changes 

to flood maps and to grant an additional 90 days for property owners or a community to appeal proposed flood maps, beyond the 

original 90 day appeal period, so long as community leaders certify 

they believe there are property owners unaware of the proposed 

flood maps and appeal period, and community leaders would use 

the additional 90 day appeal period to educate property owners on 

the proposed maps and appeal process. (10 minutes) 

18. Palazzo (MS): Would afford policy holders the right to request 

engineering reports and other documents relied on by the Administrator and/or participating companies in determining whether the 

damage was caused by flood or any other peril. (10 minutes) 

19. Westmoreland (GA): Would add a reserve fund requirement 

to the National Flood Insurance Program. (10 minutes) . 

20. Miller, Candice (MI): Would terminate current spending on 

TV and Radio commercials being aired to promote the NFIP in all 

50 states and directs remaining funds to pay down NFIP’s debt. 

Would continue FEMA’s mailing programs that are used to notify 

current policy holders of changes to their policies and maps as well 

as other educational publications they produce. (10 minutes) 

21. Luetkemeyer (MO): Would require FEMA to study their processes and procedures for making an FIP determination and report 

their findings to Congress within six months from the date of enactment of the underlying bill. (10 minutes) 

22. Canseco (TX): Would require the administrator of FEMA to 

report to Congress within 6 months of the bill becoming law a plan 

for how the agency can pay back within 10 years the roughly $18 

billion it currently owes to Treasury. (10 minutes) 

23. Scott, Bobby (VA): Would direct the GAO to conduct a study 

of the means and effects of facilitating a market for all-peril insurance policies for residential properties. (10 minutes) 

24. Walz (MN): Would allow state and local governments to use 

the Army Corps of Engineers to evaluate locally operated levee systems which were either built or designed by the Corps, and which 

are being reaccredited as part of a National Flood Insurance Program remapping. All costs associated with evaluations would continue to be covered by the state or local government requesting the 

evaluation. (10 minutes) 

25. Miller, Candice (MI): Would terminate NFIP by January 1, 

2012 and allow States to form interstate compacts to provide insurance. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BIGGERT

OF ILLINOIS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 38, line 23, strike ‘‘5-year’’ and insert ‘‘10-year’’. 

Page 39, line 18 strike ‘‘SURVEY’’ and insert ‘‘CERTIFICATE’’. 

Page 39, line 19 strike ‘‘survey’’ and insert ‘‘certificate’’. 

Page 50, line 7, strike ‘‘1308(h)’’ and insert ‘‘1308(g)’’. 


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Page 50, lines 20 and 21 strike ‘‘OF ESTABLISHMENT OF 

FLOOD ELEVATIONS’’ and insert ‘‘TO MEMBERS OF CONGRESS OF FLOOD MAP REVISIONS AND UPDATES’’. 

Page 55, line 11, strike ‘‘OFFER’’ and insert ‘‘ERROR’’. 

Page 64, line 16, strike ‘‘sections’’ and insert ‘‘section’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BACHUS OF

ALABAMA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 7, strike the dash in line 3 and all that follows through line 

10 and insert ‘‘designation of the area as having special flood hazards in a timely manner under section 1363.’’. 

Page 7, after line 21 insert the following: 

‘‘(5) ADDITIONAL EXTENSION FOR COMMUNITIES MAKING MORE

THAN ADEQUATE PROGRESS ON FLOOD PROTECTION SYSTEM.— 

‘‘(A) EXTENSION.— 

‘‘(i) AUTHORITY.—Except as provided in subparagraph (B), in the case of an eligible area for which the 

Administrator has, pursuant to paragraph (4), extended the period of effectiveness of the finding under 

paragraph (1) for the area, upon a request submitted 

by a local government authority having jurisdiction 

over any portion of the eligible area, if the Administrator finds that more than adequate progress has 

been made on the construction of a flood protection 

system for such area, as determined in accordance 

with the last sentence of section 1307(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(e)), 

the Administrator may, in the discretion of the Administrator, further extend the period during which the 

finding under paragraph (1) shall be effective for such 

area for an additional 12 months. 

‘‘(ii) LIMIT.— For any eligible area, the cumulative 

number of extensions under this subparagraph may 

not exceed 2. 

‘‘(B) EXCLUSION FOR NEW MORTGAGES.— 

‘‘(i) EXCLUSION.—Any extension under subparagraph 

(A) of this paragraph of a finding under paragraph (1) 

shall not be effective with respect to any excluded 

property after the origination, increase, extension, or 

renewal of the loan referred to in clause (ii)(II) for the 

property. 

‘‘(ii) EXCLUDED PROPERTIES.—For purposes of this 

subparagraph, the term ‘excluded property’ means any 

improved real estate or mobile home— 

‘‘(I) that is located in an eligible area; and 

‘‘(II) for which, during the period that any extension under subparagraph (A) of this paragraph 

of a finding under paragraph (1) is otherwise in 

effect for the eligible area in which such property 

is located— 

‘‘(aa) a loan that is secured by the property 

is originated; or 


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‘‘(bb) any existing loan that is secured by 

the property is increased, extended, or renewed.’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SPEIER OF

CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 11, after line 22, insert the following new subsection: 

(d) PENALTIES FOR REQUIRING PURCHASE OF COVERAGE EXCEED- ING MINIMUM MANDATORY PURCHASE REQUIREMENT.—Paragraph 

(2) of section 102(f) of the Flood Disaster Protection Act of 1973 (42 

U.S.C. 4012a(f)(2)) is amended— 

(1) in subparagraph (A)(iii), by striking ‘‘or’’ at the end; 

(2) in subparagraph (B), by striking the period at the end 

and inserting ‘‘; or’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(C) in connection with the making, increasing, extending, servicing, or renewing of any loan, requiring the purchase of flood insurance coverage under the National Flood 

Insurance Act of 1968, or purchasing such coverage pursuant to subsection (e)(2), in an amount in excess of the minimum amount required under subsections (a) and (b) of 

this section.’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FLAKE OF

ARIZONA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 14, line 24, strike the second semicolon and insert ‘‘; and’’. 

Strike paragraph (3) of section 4(c) (page 15, lines 1 and 2). 

Page 15, line 5, strike ‘‘(8)’’ and insert ‘‘(6)’’. 

Page 15, line 6, strike ‘‘(2), (3), (4), (5), and (6)’’ and insert ‘‘(2), 

(3), and (4)’’. 

Strike subsection (d) of section 4 (page 16, line 1 and all that follows through page 18, line 10). 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROS- LEHTINEN OF FLORIDA OR HER DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 19, strike lines 10 to 13. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MATSUI OF

CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 20, line 3, strike ‘‘50 PERCENT RATE FOR INITIAL YEAR’’ and 

insert ‘‘5-YEAR PHASE-IN PERIOD’’. 

Page 20, line 11, strike ‘‘12-month period’’ and insert ‘‘5-year period’’. 

Page 20, lines 17 through 19, strike ‘‘50 percent of the chargeable 

risk premium rate otherwise applicable under this title to the property’’ and insert ‘‘the rate described in paragraph (3)’’. 

Page 21, line 4, strike ‘‘12-month period’’ and insert ‘‘5-year period’’. 


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Page 21, strike lines 11 through 18, and insert the following: 

‘‘the chargeable risk premium rate for flood insurance under this 

title for a covered property that is located in such area shall be— 

‘‘(A) for the first year of the 5-year period referred to in paragraph (1), the greater of— 

‘‘(i) 20 percent of the chargeable risk premium rate otherwise applicable under this title to the property; and 

‘‘(ii) in the case of any property that, as of the beginning 

of such first year, is eligible for preferred risk rate method 

premiums for flood insurance coverage, such preferred risk 

rate method premium for the property; 

‘‘(B) for the second year of such 5-year period, 40 percent of 

the chargeable risk premium rate otherwise applicable under 

this title to the property; 

‘‘(C) for the third year of such 5-year period, 60 percent of 

the chargeable risk premium rate otherwise applicable under 

this title to the property; 

‘‘(D) for the fourth year of such 5-year period, 80 percent of 

the chargeable risk premium rate otherwise applicable under 

this title to the property; and 

‘‘(E) for the fifth year of such 5-year period, 100 percent of 

the chargeable risk premium rate otherwise applicable under 

this title to the property.’’. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TERRY OF

NEBRASKA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 19, after line 8, insert the following new subsection: 

(f) EFFECTIVE DATE OF POLICIES COVERING PROPERTIES AFFECTED BY FLOODS IN PROGRESS.—Paragraph (1) of section 1306(c) 

of the National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)) is 

amended by adding after the period at the end the following: ‘‘With 

respect to any flood that has commenced or is in progress before 

the expiration of such 30-day period, such flood insurance coverage 

for a property shall take effect upon the expiration of such 30-day 

period and shall cover damage to such property occurring after the 

expiration of such period that results from such flood, but only if 

the property has not suffered damage or loss as a result of such 

flood before the expiration of such 30-day period.’’. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WATERS OF

CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 23, line 17, strike ‘‘section 1361A(b)’’ and insert ‘‘section 

1366(j)’’. 

Strike line 10 on page 47 and all that follows through page 48, 

line 15. 

Strike line 16 on page 48 and all that follows through page 49, 

line 19 and insert the following new section: 

SEC. 12. MITIGATION ASSISTANCE. 

(a) MITIGATION ASSISTANCE GRANTS.—Section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is amended— 


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(1) in subsection (a), by striking the last sentence and inserting the following: ‘‘Such financial assistance shall be made 

available— 

‘‘(1) to States and communities in the form of grants under 

this section for carrying out mitigation activities; 

‘‘(2) to States and communities in the form of grants under 

this section for carrying out mitigation activities that reduce 

flood damage to severe repetitive loss structures; and 

‘‘(3) to property owners in the form of direct grants under 

this section for carrying out mitigation activities that reduce 

flood damage to individual structures for which 2 or more 

claim payments for losses have been made under flood insurance coverage under this title if the Administrator, after consultation with the State and community, determines that neither the State nor community in which such a structure is located has the capacity to manage such grants.’’. 

(2) by striking subsection (b); 

(3) in subsection (c)— 

(A) by striking ‘‘flood risk’’ and inserting ‘‘multi-hazard’’; 

(B) by striking ‘‘provides protection against’’ and inserting ‘‘examines reduction of’’; and 

(C) by redesignating such subsection as subsection (b); 

(4) by striking subsection (d); 

(5) in subsection (e)— 

(A) in paragraph (1), by striking the paragraph designation and all that follows through the end of the first sentence and inserting the following: 

‘‘(1) REQUIREMENT OF CONSISTENCY WITH APPROVED MITIGATION PLAN.—Amounts provided under this section may be used 

only for mitigation activities that are consistent with mitigation plans that are approved by the Administrator and identified under subparagraph (4).’’; 

(B) by striking paragraphs (2), (3), and (4) and inserting 

the following new paragraphs: 

‘‘(2) REQUIREMENTS OF TECHNICAL FEASIBILITY, COST EFFECTIVENESS, AND INTEREST OF NFIF.—The Administrator may approve only mitigation activities that the Administrator determines are technically feasible and cost-effective and in the interest of, and represent savings to, the National Flood Insurance Fund. In making such determinations, the Administrator 

shall take into consideration recognized benefits that are difficult to quantify. 

‘‘(3) PRIORITY FOR MITIGATION ASSISTANCE.—In providing 

grants under this section for mitigation activities, the Administrator shall give priority for funding to activities that the Administrator determines will result in the greatest savings to 

the National Flood Insurance Fund, including activities for— 

‘‘(A) severe repetitive loss structures; 

‘‘(B) repetitive loss structures; and 

‘‘(C) other subsets of structures as the Administrator 

may establish.’’; 

(C) in paragraph (5)— 

(i) by striking all of the matter that precedes subparagraph (A) and inserting the following: 


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‘‘(4) ELIGIBLE ACTIVITIES.—Eligible activities may include—’’; 

(ii) by striking subparagraphs (E) and (H); 

(iii) by redesignating subparagraphs (D), (F), and 

(G) as subparagraphs (F), (H), and (I); 

(iv) by inserting after subparagraph (C) the following new subparagraphs: 

‘‘(D) demolition and rebuilding of properties to at least 

base flood elevation or greater, if required by the Administrator or if required by any State regulation or local ordinance, and in accordance with criteria established by the 

Administrator; 

‘‘(E) elevation, relocation, and floodproofing of utilities 

(including equipment that serve structures);’’; 

(v) by inserting after subparagraph (F), as so redesignated by clause (iii) of this subparagraph, the following new subparagraph: 

‘‘(G) the development or update of State, local, or Indian 

tribal mitigation plans which meet the planning criteria 

established by the Administrator, except that the amount 

from grants under this section that may be used under 

this subparagraph may not exceed $50,000 for any mitigation plan of a State or $25,000 for any mitigation plan of 

a local government or Indian tribe;’’; 

(vi) in subparagraph (I); as so redesignated by 

clause (iii) of this subparagraph, by striking ‘‘and’’ at 

the end; and 

(vii) by adding at the end the following new subparagraphs: 

‘‘(J) other mitigation activities not described in subparagraphs (A) through (H) or the regulations issued under 

subparagraph (I), that are described in the mitigation plan 

of a State, community, or Indian tribe; and 

‘‘(K) personnel costs for State staff that provide technical 

assistance to communities to identify eligible activities, to 

develop grant applications, and to implement grants 

awarded under this section, not to exceed $50,000 per 

State in any Federal fiscal year, so long as the State applied for and was awarded at least $1,000,000 in grants 

available under this section in the prior Federal fiscal 

year; the requirements of subsections (d)(1) and (d)(2) shall 

not apply to the activity under this subparagraph.’’; and 

(D) by redesignating such subsection as subsection (c); 

(6) by striking subsections (f), (g), and (h) and inserting the 

following new subsection: 

‘‘(d) MATCHING REQUIREMENT.—The Administrator may provide 

grants for eligible mitigation activities as follows: 

‘‘(1) SEVERE REPETITIVE LOSS STRUCTURES.—In the case of 

mitigation activities to severe repetitive loss structures, in an 

amount up to 100 percent of all eligible costs. 

‘‘(2) REPETITIVE LOSS STRUCTURES.—In the case of mitigation 

activities to repetitive loss structures, in an amount up to 90 

percent of all eligible costs. 


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‘‘(3) OTHER MITIGATION ACTIVITIES.— In the case of all other 

mitigation activities, in an amount up to 75 percent of all eligible costs.’’; 

(7) in subsection (i)— 

(A) in paragraph (2)— 

(i) by striking ‘‘certified under subsection (g)’’ and inserting ‘‘required under subsection (d)’’; and 

(ii) by striking ‘‘3 times the amount’’ and inserting 

‘‘the amount’’; and 

(B) by redesignating such subsection as subsection (e); 

(8) in subsection (j)— 

(A) in paragraph (1), by striking ‘‘Riegle Community Development and Regulatory Improvement Act of 1994’’ and 

inserting ‘‘Flood Insurance Reform Act of 2011’’; 

(B) by redesignating such subsection as subsection (f); 

and 

(9) by striking subsections (k) and (m) and inserting the following new subsections: 

‘‘(g) FAILURE TO MAKE GRANT AWARD WITHIN 5 YEARS.—For any 

application for a grant under this section for which the Administrator fails to make a grant award within 5 years of the date of 

application, the grant application shall be considered to be denied 

and any funding amounts allocated for such grant applications 

shall remain in the National Flood Mitigation Fund under section 

1367 of this title and shall be made available for grants under this 

section. 

‘‘(h) LIMITATION ON FUNDING FOR MITIGATION ACTIVITIES FOR SE- VERE REPETITIVE LOSS STRUCTURES.—The amount used pursuant to section 1310(a)(8) in any fiscal year may not exceed $40,000,000 

and shall remain available until expended. 

‘‘(i) DEFINITIONS.—For purposes of this section, the following definitions shall apply: 

‘‘(1) COMMUNITY.—The term ‘community’ means— 

‘‘(A) a political subdivision that— 

‘‘(i) has zoning and building code jurisdiction over a 

particular area having special flood hazards, and 

‘‘(ii) is participating in the national flood insurance 

program; or 

‘‘(B) a political subdivision of a State, or other authority, 

that is designated by political subdivisions, all of which 

meet the requirements of subparagraph (A), to administer 

grants for mitigation activities for such political subdivisions. 

‘‘(2) REPETITIVE LOSS STRUCTURE.—The term ‘repetitive loss 

structure’ has the meaning given such term in section 1370. 

‘‘(3) SEVERE REPETITIVE LOSS STRUCTURE.—The term ‘severe 

repetitive loss structure’ means a structure that— 

‘‘(A) is covered under a contract for flood insurance made 

available under this title; and 

‘‘(B) has incurred flood-related damage— 

‘‘(i) for which 4 or more separate claims payments 

have been made under flood insurance coverage under 

this title, with the amount of each such claim exceeding $15,000, and with the cumulative amount of such 

claims payments exceeding $60,000; or 


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‘‘(ii) for which at least 2 separate claims payments 

have been made under such coverage, with the cumulative amount of such claims exceeding the value of 

the insured structure.’’. 

(b) ELIMINATION OF GRANTS PROGRAM FOR REPETITIVE INSUR- ANCE CLAIMS PROPERTIES.—Chapter I of the National Flood Insurance Act of 1968 is amended by striking section 1323 (42 U.S.C. 

4030). 

(c) ELIMINATION OF PILOT PROGRAM FOR MITIGATION OF SEVERE

REPETITIVE LOSS PROPERTIES.—Chapter III of the National Flood 

Insurance Act of 1968 is amended by striking section 1361A (42 

U.S.C. 4102a). 

(d) NATIONAL FLOOD INSURANCE FUND.—Section 1310(a) of the 

National Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is amended— 

(1) in paragraph (6), by inserting ‘‘and’’ after the semicolon; 

(2) in paragraph (7), by striking the semicolon and inserting 

a period; and 

(3) by striking paragraphs (8) and (9). 

(e) NATIONAL FLOOD MITIGATION FUND.—Section 1367 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104d) is amended— 

(1) in subsection (b)— 

(A) by striking paragraph (1) and inserting the following 

new paragraph: 

‘‘(1) in each fiscal year, from the National Flood Insurance Fund in amounts not exceeding $90,000,000 to remain available until expended, of which— ‘‘(A) not more than $40,000,000 shall be available pursuant to subsection (a) of this section only for assistance described in section 1366(a)(1); 

‘‘(B) not more than $40,000,000 shall be available pursuant to subsection (a) of this section only for assistance described in section 1366(a)(2); and 

‘‘(C) not more than $10,000,000 shall be available pursuant to subsection (a) of this section only for assistance described in section 1366(a)(3).’’. 

(B) in paragraph (3), by striking ‘‘section 1366(i)’’ and inserting ‘‘section 1366(e)’’; 

(2) in subsection (c), by striking ‘‘sections 1366 and 1323’’ 

and inserting ‘‘section 1366’’; 

(3) by redesignating subsections (d) and (e) as subsections (f) 

and (g), respectively; and 

(4) by inserting after subsection (c) the following new subsections: 

‘‘(d) PROHIBITION ON OFFSETTING COLLECTIONS.—Notwithstanding any other provision of this title, amounts made available 

pursuant to this section shall not be subject to offsetting collections 

through premium rates for flood insurance coverage under this 

title. 

‘‘(e) CONTINUED AVAILABILITY AND REALLOCATION.—Any amounts 

made available pursuant to subparagraph (A), (B), or (C) of subsection (b)(1) that are not used in any fiscal year shall continue to 

be available for the purposes specified in such subparagraph of 

subsection (b)(1) pursuant to which such amounts were made available, unless the Administrator determines that reallocation of such 


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unused amounts to meet demonstrated need for other mitigation 

activities under section 1366 is in the best interest of the National 

Flood Insurance Fund.’’. 

(f) INCREASED COST OF COMPLIANCE COVERAGE.—Section 

1304(b)(4) of the National Flood Insurance Act of 1968 (42 U.S.C. 

4011(b)(4)) is amended— 

(1) by striking subparagraph (B); and 

(2) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PALAZZO

OF MISSISSIPPI OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 32, line 6, before the period insert the following: ‘‘, and includes an adequate number of representatives from the States with 

coastline on the Gulf of Mexico and other States containing areas 

identified by the Administrator of the Federal Emergency Management Agency as at high-risk for flooding or special flood hazard 

areas’’. 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WALBERG

OF MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 36, after line 3, insert the following new subsection: 

(i) MORATORIUM ON FLOOD MAP CHANGES.— 

(1) MORATORIUM.—Except as provided in paragraph (2) and 

notwithstanding any other provision of this Act, the National 

Flood Insurance Act of 1968, or the Flood Disaster Protection 

Act of 1973, during the period beginning upon the date of the 

enactment of this Act and ending upon the submission by the 

Council to the Administrator and the Congress of the proposed 

new mapping standards required under subsection (c)(1), the 

Administrator may not make effective any new or updated rate 

maps for flood insurance coverage under the national flood insurance program that were not in effect for such program as 

of such date of enactment, or otherwise revise, update, or 

change the flood insurance rate maps in effect for such program as of such date. 

(2) LETTERS OF MAP CHANGE.—During the period described 

in paragraph (1), the Administrator may revise, update, and 

change the flood insurance rate maps in effect for the national 

flood insurance program only pursuant to a letter of map 

change (including a letter of map amendment, letter of map revision, and letter of map revision based on fill). 

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CARDOZA

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 36, line 23, after the semicolon insert ‘‘and’’. 

Page 37, strike lines 1 through 3. 

Page 37, line 4, strike ‘‘(C)’’ and insert ‘‘(B)’’. 


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12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BURTON

OF INDIANA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 50, line 20, insert ‘‘TO MEMBERS OF CONGRESS’’ after 

‘‘NOTIFICATION’’. 

Page 51, after line 11, insert the following new section: 

SEC. 16. NOTIFICATION AND APPEAL OF MAP CHANGES; NOTIFICATION TO COMMUNITIES OF ESTABLISHMENT OF FLOOD 

ELEVATIONS. 

Section 1363 of the National Flood Insurance Act of 1968 (42 

U.S.C. 4104) is amended by striking the section designation and all 

that follows through the end of subsection (a) and inserting the following: 

‘‘SEC. 1363. (a) In establishing projected flood elevations for land 

use purposes with respect to any community pursuant to section 

1361, the Director shall first propose such determinations— 

‘‘(1) by providing the chief executive officer of each community affected by the proposed elevations, by certified mail, with 

a return receipt requested, notice of the elevations, including 

a copy of the maps for the elevations for such community and 

a statement explaining the process under this section to appeal 

for changes in such elevations; 

‘‘(2) by causing notice of such elevations to be published in 

the Federal Register, which notice shall include information 

sufficient to identify the elevation determinations and the communities affected, information explaining how to obtain copies 

of the elevations, and a statement explaining the process under 

this section to appeal for changes in the elevations; 

‘‘(3) by publishing in a prominent local newspaper the elevations, a description of the appeals process for flood determinations, and the mailing address and telephone number of 

a person the owner may contact for more information or to initiate an appeal; and 

‘‘(4) by providing written notification, by first class mail, to 

each owner of real property affected by the proposed elevations 

of— 

‘‘(A) the status of such property, both prior to and after 

the effective date of the proposed determination, with respect to flood zone and flood insurance requirements under 

this Act and the Flood Disaster Protection Act of 1973; 

‘‘(B) the process under this section to appeal a flood elevation determination; and 

‘‘(C) the mailing address and phone number of a person 

the owner may contact for more information or to initiate 

an appeal.’’. 

13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCGOVERN OF MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 55, line 4, before ‘‘OBTAINING’’ insert ‘‘AND COMMUNITIES’’. 

Page 55, line 5, before the period insert ‘‘OR REVISION’’. 


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Page 55, line 14, after ‘‘1973’’ insert ‘‘, or a community in which 

such a property is located,’’. 

Page 55, line 15, before ‘‘due’’ insert ‘‘, or a letter of map revision,’’. 

Page 55, line 19, after ‘‘behalf,’’ insert ‘‘or such community, as applicable,’’. 

Page 56, line 2, after ‘‘owner’’ insert ‘‘or community, as applicable,’’. 

14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BRADY OF

TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 56, after line 9, insert the following new section: 

SEC. 20. NOTIFICATION TO RESIDENTS NEWLY INCLUDED IN 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: 

‘‘(n) NOTIFICATION TO RESIDENTS NEWLY INCLUDED IN FLOOD

HAZARD AREA.—In revising or updating any areas having special 

flood hazards, the Administrator shall provide to each owner of a 

property to be newly included in such a special flood hazard area, 

at the time of issuance of such proposed revised or updated flood 

insurance maps, a copy of the proposed revised or updated flood insurance maps together with information regarding the appeals 

process under section 1363 of the National Flood Insurance Act of 

1968 (42 U.S.C. 4104).’’. 

15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CUELLAR

OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 56, after line 9, insert the following new section: 

SEC. 20. ENHANCED COMMUNICATION WITH CERTAIN COMMUNITIES 

DURING MAP UPDATING PROCESS. 

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: 

‘‘(n) ENHANCED COMMUNICATION WITH CERTAIN COMMUNITIES

DURING MAP UPDATING PROCESS.—In updating flood insurance 

maps under this section, the Administrator shall communicate with 

communities located in areas where flood insurance rate maps have 

not been updated in 20 years or more and the appropriate State 

emergency agencies to resolve outstanding issues, provide technical 

assistance, and disseminate all necessary information to reduce the 

prevalence of outdated maps in flood-prone areas.’’. 

16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SHERMAN

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 57, after line 2, insert the following new section: 


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SEC. 21. FEMA AUTHORITY TO REJECT TRANSFER OF POLICIES. 

Section 1345 of the National Flood Insurance Act of 1968 (42 

U.S.C. 4081) is amended by adding at the end the following new 

subsection: 

‘‘(d) FEMA AUTHORITY TO REJECT TRANSFER OF POLICIES.—Notwithstanding any other provision of this Act, the Administrator 

may, at the discretion of the Administrator, refuse to accept the 

transfer of the administration of policies for coverage under the 

flood insurance program under this title that are written and administered by any insurance company or other insurer, or any insurance agent or broker.’’. 

Strike line 23 on page 64 and all that follows through page 65, 

line 5, and insert the following new section: 

SEC. 24. REQUIRING COMPETITION FOR NATIONAL FLOOD INSURANCE PROGRAM POLICIES. 

(a) REPORT.—Not later than the expiration of the 90-day period 

beginning upon the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency, in consultation with insurance companies, insurance agents and other organizations with which the Administrator has contracted, shall submit 

to the Congress a report describing procedures and policies that the 

Administrator shall implement to limit the percentage of policies 

for flood insurance coverage under the national flood insurance program that are directly managed by the Agency to not more than 

10 percent of the aggregate number of flood insurance policies in 

force under such program. 

(b) IMPLEMENTATION.—Upon submission of the report under subsection (a) to the Congress, the Administrator shall implement the 

policies and procedures described in the report. The Administrator 

shall, not later than the expiration of the 12-month period beginning upon submission of such report, reduce the number of policies 

for flood insurance coverage that are directly managed by the 

Agency, or by the Agency’s direct servicing contractor that is not 

an insurer, to not more than 10 percent of the aggregate number 

of flood insurance policies in force as of the expiration of such 12- 

month period. 

(c) CONTINUATION OF CURRENT AGENT RELATIONSHIPS.—In carrying out subsection (b), the Administrator shall ensure that— 

(1) agents selling or servicing policies described in such subsection are not prevented from continuing to sell or service 

such policies; and 

(2) insurance companies are not prevented from waiving any 

limitation such companies could otherwise enforce to limit any 

such activity. 

17. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LOEBSACK

OF IOWA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 57, after line 2, insert the following new section: 

SEC. 21. APPEALS. 

(a) TELEVISION AND RADIO ANNOUNCEMENT.—Section 1363 of the 

National Flood Insurance Act of 1968 (42 U.S.C. 4104) is amended— 


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(1) in subsection (a), by inserting after ‘‘determinations’’ by 

inserting the following: ‘‘by notifying a local television and 

radio station,’’; and 

(2) in the first sentence of subsection (b), by inserting before 

the period at the end the following: ‘‘and shall notify a local television and radio station at least once during the same 10-day 

period’’. 

(b) EXTENSION OF APPEALS PERIOD.—Subsection (b) of section 

1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 

4104(b)) is amended— 

(1) by striking ‘‘(b) The Director’’ and inserting ‘‘(b)(1) The 

Administrator’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The Administrator shall grant an extension of the 90-day period for appeals referred to in paragraph (1) for 90 additional days 

if an affected community certifies to the Administrator, after the 

expiration of at least 60 days of such period, that the community— 

‘‘(A) believes there are property owners or lessees in the community who are unaware of such period for appeals; and 

‘‘(B) will utilize the extension under this paragraph to notify 

property owners or lessees who are affected by the proposed 

flood elevation determinations of the period for appeals and the 

opportunity to appeal the determinations proposed by the Administrator.’’. 

(c) APPLICABILITY.—The amendments made by subsections (a) 

and (b) shall apply with respect to any flood elevation determination for any area in a community that has not, as of the date of 

the enactment of this Act, been issued a Letter of Final Determination for such determination under the flood insurance map modernization process. 

18. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PALAZZO

OF MISSISSIPPI OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 57, after line 2, insert the following new section: 

SEC. 21. INFORMATION REGARDING MULTIPLE PERILS CLAIMS. 

Section 1345 of the National Flood Insurance Act of 1968 (42 

U.S.C. 4081) is amended by adding at the end the following new 

subsection: 

‘‘(d) INFORMATION REGARDING MULTIPLE PERILS CLAIMS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), if an insured 

having flood insurance coverage under a policy issued under 

the program under this title by the Administrator or a company, insurer, or entity offering flood insurance coverage under 

such program (in this subsection referred to as a ‘participating 

company’) has wind or other homeowners coverage from any 

company, insurer, or other entity covering property covered by 

such flood insurance, in the case of damage to such property 

that may have been caused by flood or by wind, the Administrator and the participating company, upon the request of the 

insured, shall provide to the insured, within 30 days of such 

request— 

‘‘(A) a copy of the estimate of structure damage; 

‘‘(B) proofs of loss; 


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‘‘(C) any expert or engineering reports or documents 

commissioned by or relied upon by the Administrator or 

participating company in determining whether the damage 

was caused by flood or any other peril; and 

‘‘(D) the Administrator’s or the participating company’s 

final determination on the claim. 

‘‘(2) TIMING.—Paragraph (1) shall apply only with respect to 

a request described in such paragraph made by an insured 

after the Administrator or the participating company, or both, 

as applicable, have issued a final decision on the flood claim 

involved and resolution of all appeals with respect to such 

claim.’’. 

19. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WEST- MORELAND OF GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 57, after line 2, insert the following new section: 

SEC. 21. RESERVE FUND. 

(a) ESTABLISHMENT.—Chapter I of the National Flood Insurance 

Act of 1968 is amended by inserting after section 1310 (42 U.S.C. 

4017) the following new section: 

‘‘SEC. 1310A. RESERVE FUND. 

‘‘(a) ESTABLISHMENT OF RESERVE FUND.—In carrying out the 

flood insurance program authorized by this title, the Administrator 

shall establish in the Treasury of the United States a National 

Flood Insurance Reserve Fund (in this section referred to as the 

‘Reserve Fund’) which shall— 

‘‘(1) be an account separate from any other accounts or funds 

available to the Administrator; and 

‘‘(2) be available for meeting the expected future obligations 

of the flood insurance program. 

‘‘(b) RESERVE RATIO.—Subject to the phase-in requirements 

under subsection (d), the Reserve Fund shall maintain a balance 

equal to— 

‘‘(1) 1 percent of the sum of the total potential loss exposure 

of all outstanding flood insurance policies in force in the prior 

fiscal year; or 

‘‘(2) such higher percentage as the Administrator determines 

to be appropriate, taking into consideration any circumstance 

that may raise a significant risk of substantial future losses to 

the Reserve Fund. 

‘‘(c) MAINTENANCE OF RESERVE RATIO.— 

‘‘(1) IN GENERAL.—The Administrator shall have the authority to establish, increase, or decrease the amount of aggregate 

annual insurance premiums to be collected for any fiscal year 

necessary— 

‘‘(A) to maintain the reserve ratio required under subsection (b); and 

‘‘(B) to achieve such reserve ratio, if the actual balance 

of such reserve is below the amount required under subsection (b). 

‘‘(2) CONSIDERATIONS.—In exercising the authority under 

paragraph (1), the Administrator shall consider— 


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‘‘(A) the expected operating expenses of the Reserve 

Fund; 

‘‘(B) the insurance loss expenditures under the flood insurance program; 

‘‘(C) any investment income generated under the flood 

insurance program; and 

‘‘(D) any other factor that the Administrator determines 

appropriate. 

‘‘(3) LIMITATIONS.—In exercising the authority under paragraph (1), the Administrator shall be subject to all other provisions of this Act, including any provisions relating to chargeable premium rates and annual increases of such rates. 

‘‘(d) PHASE-IN REQUIREMENTS.—The phase-in requirements under 

this subsection are as follows: 

‘‘(1) IN GENERAL.—Beginning in fiscal year 2012 and not ending until the fiscal year in which the ratio required under subsection (b) is achieved, in each such fiscal year the Administrator shall place in the Reserve Fund an amount equal to not 

less than 7.5 percent of the reserve ratio required under subsection (b). 

‘‘(2) AMOUNT SATISFIED.—As soon as the ratio required under 

subsection (b) is achieved, and except as provided in paragraph 

(3), the Administrator shall not be required to set aside any 

amounts for the Reserve Fund. 

‘‘(3) EXCEPTION.—If at any time after the ratio required 

under subsection (b) is achieved, the Reserve Fund falls below 

the required ratio under subsection (b), the Administrator shall 

place in the Reserve Fund for that fiscal year an amount equal 

to not less than 7.5 percent of the reserve ratio required under 

subsection (b). 

‘‘(e) LIMITATION ON RESERVE RATIO.—In any given fiscal year, if 

the Administrator determines that the reserve ratio required under 

subsection (b) cannot be achieved, the Administrator shall submit 

a report to the Congress that— 

‘‘(1) describes and details the specific concerns of the Administrator regarding such consequences; 

‘‘(2) demonstrates how such consequences would harm the 

long-term financial soundness of the flood insurance program; 

and 

‘‘(3) indicates the maximum attainable reserve ratio for that 

particular fiscal year. 

‘‘(f) AVAILABILITY OF AMOUNTS.—The reserve ratio requirements 

under subsection (b) and the phase-in requirements under subsection (d) shall be subject to the availability of amounts in the National Flood Insurance Fund for transfer under section 1310(a)(10), 

as provided in section 1310(f).’’. 

(b) FUNDING.—Subsection (a) of section 1310 of the National 

Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is amended— 

(1) in paragraph (8), by striking ‘‘and’’ at the end; 

(2) in paragraph (9), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(10) for transfers to the National Flood Insurance Reserve 

Fund under section 1310A, in accordance with such section.’’. 


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20. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MILLER

OF MICHIGAN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 64, after line 2, insert the following new section: 

SEC. 23. TERMINATION OF BROADCAST PERSONIFIED FLOOD INSURANCE COMMERCIALS. 

PROHIBITION.—The Administrator of the Federal Emergency 

Management Agency may not, after the date of the enactment of 

this Act, obligate any amounts for purchasing time or space for any 

advertisement or commercial for flood insurance coverage under 

the national flood insurance program under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.). This subsection may 

not be construed to prohibit obligation of amounts for dissemination of information regarding such program to holders of flood insurance policies under such program. 

(b) REDUCTION OF NATIONAL FLOOD INSURANCE FUND DEBT.— 

Any amounts made available to the Administrator and allocated for 

advertising or commercials described in subsection (a) that remain 

unobligated on he date of the enactment of this Act shall be used 

only for reducing the debt of the National Flood Insurance Fund incurred pursuant to the authority under section 1309 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016). 

21. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LUETKEMEYER OF MISSOURI OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 70, after line 5, insert the following new section: 

SEC. 27. REPORT ON FLOOD-IN-PROGRESS DETERMINATION. 

The Administrator of the Federal Emergency Management Agency shall review the processes and procedures for determining that 

a flood event has commenced or is in progress for purposes of flood 

insurance coverage made available under the national flood insurance program under the National Flood Insurance Act of 1968 and 

for providing public notification that such an event has commenced 

or is in progress. In such review, the Administrator shall take into 

consideration the effects and implications that weather conditions, 

such as rainfall, snowfall, projected snowmelt, existing water levels, and other conditions have on the determination that a flood 

event has commenced or is in progress. Not later than the expiration of the 6-month period beginning upon the date of the enactment of this Act, the Administrator shall submit a report to the 

Congress setting forth the results and conclusions of the review undertaken pursuant to this section and any actions undertaken or 

proposed actions to be taken to provide for a more precise and technical determination that a flooding event has commenced or is in 

progress. 

22. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CANSECO

OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

On page 70, after line 5, insert the following new section: 


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SEC. 27. STUDY ON REPAYING FLOOD INSURANCE DEBT. 

Not later than the expiration of the 6-month period beginning on 

the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit a report to the 

Congress setting forth a plan for repaying within 10 years all 

amounts, including any amounts previously borrowed but not yet 

repaid, owed pursuant to clause (2) of subsection (a) of section 1309 

of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)(2)). 

23. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SCOTT OF

VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 70, after line 5, insert the following new section: 

SEC. 27. STUDY OF ALL-PERIL INSURANCE COVERAGE FOR RESIDENTIAL PROPERTIES. 

(a) STUDY.—The Comptroller General of the United States shall 

conduct a study to determine various means and methods by which 

a market could be established, and the effectiveness and feasibility 

of each such means and method, for providing all-peril insurance 

coverage for residential properties. Such study shall analyze and 

determine, for only residential properties with mortgages insured 

under the FHA mortgage insurance programs of the Secretary of 

Housing and Urban Development, and for all residential properties— 

(1) whether a viable insurance market could be established, 

including by establishment of a Federal program for reinsurance for such all-peril insurance coverage and by other means 

and methods; 

(2) the effects of each such means and method of establishing 

such a market in facilitating and encouraging the private insurance market to develop and offer all-peril insurance products for residential properties; 

(3) the cost of such all-peril insurance coverage for various 

types of residential properties; and 

(4) the effects that requiring such insurance coverage would 

have on prices for existing housing and for housing constructed 

in the future. 

(b) REPORT.—Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Comptroller General shall submit to the Congress a report describing the 

study conducted pursuant to subsection (a) and the analysis conducted under such study, and setting forth the results and determinations of the study. 

(c) ALL-PERIL INSURANCE.—For purposes of this section, the term 

‘‘all-peril insurance’’ means, with respect a residential property, insurance coverage meeting the following requirements: 

(1) SUBSTANTIAL DEDUCTIBLE.—The coverage is made available subject to a substantial deductible in relation to the 

amount of coverage provided. 

(2) COVERED LOSSES.—The coverage covers only damage and 

losses to the property that— 

(A) render the property uninhabitable or substantially 

impair the habitability of the property; and 

(B) result from any of the following hazards— 


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(i) movement of the earth, including earthquakes, 

shockwaves, sinkholes, landslides, and mudflows; 

(ii) water damage, including floods, sewer back-ups, 

and water seepage through the foundation; 

(iii) war, including undeclared war and civil war; 

(iv) nuclear hazards, including explosion of nuclear 

devices and nuclear reactor accidents; 

(v) governmental action, including the destruction, 

confiscation, or seizure of covered property by any governmental or public authority; or 

(vi) bad repair or workmanship on a property, use of 

faulty construction materials in a property, or defective maintenance to a property. 

24. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WALZ OF

MINNESOTA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following new section: 

SEC. 28. AUTHORITY FOR THE CORPS OF ENGINEERS TO PROVIDE 

SPECIALIZED OR TECHNICAL SERVICES. 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

upon the request of a State or local government, the Secretary of 

the Army may evaluate a levee system that was designed or constructed by the Secretary for the purposes of the National Flood Insurance Program established under chapter 1 of the National Flood 

Insurance Act of 1968 (42 U.S.C. 4011 et seq.). 

(b) REQUIREMENTS.—A levee system evaluation under subsection 

(a) shall— 

(1) comply with applicable regulations related to areas protected by a levee system; 

(2) be carried out in accordance with such procedures as the 

Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, may establish; and 

(3) be carried out only if the State or local government 

agrees to reimburse the Secretary for all cost associated with 

the performance of the activities. 

25. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MILLER

OF MICHIGAN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Flood Insurance Program 

Termination Act of 2011’’. 

SEC. 2. TERMINATION OF NATIONAL FLOOD INSURANCE PROGRAM. 

(a) TERMINATION OF AUTHORITY TO PROVIDE COVERAGE.—Effective January 1, 2012, 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— 


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(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 


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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 budget deficit 

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 budget deficit 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)— 


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(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)— 


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(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 on January 1, 2012. 

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. 

Æ 


smartinez on DSK6TPTVN1PROD with REPORTS