II 

113TH CONGRESS 

1ST SESSION S. 1610 

To delay the implementation of certain provisions of the Biggert-Waters 

Flood Insurance Reform Act of 2012, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2013 

Mr. MENENDEZ (for himself, Mr. ISAKSON, Ms. LANDRIEU, Mr. COCHRAN, 

Mr. MERKLEY, Mr. VITTER, Mr. HOEVEN, Ms. HEITKAMP, Mr. SCHUMER, Mrs. GILLIBRAND, Mr. MARKEY, Mr. NELSON, Mr. BEGICH, Ms. 

WARREN, and Mr. FRANKEN) introduced the following bill; which was 

read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

A BILL 

To delay the implementation of certain provisions of the 

Biggert-Waters Flood Insurance Reform Act of 2012, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Homeowner Flood In5 surance Affordability Act of 2013’’. 

6 SEC. 2. DEFINITIONS. 

7 As used in this Act, the following definitions shall 

8 apply: 


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1 (1) ADJUSTED BASE FLOOD ELEVATION.—For 

2 purposes of rating a floodproofed covered structure, 

3 the term ‘‘adjusted base flood elevation’’ means the 

4 base flood elevation for a covered structure on the 

5 applicable effective flood insurance rate map, plus 1 

6 foot. 

7 (2) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Federal 

9 Emergency Management Agency. 

10 (3) AFFORDABILITY AUTHORITY BILL.—The 

11 term ‘‘affordability authority bill’’ means a non12 amendable bill that if enacted would only grant the 

13 Administrator the authority necessary to promulgate 

14 regulations in accordance with the criteria set forth 

15 in section 3(d)(2). 

16 (4) AFFORDABILITY STUDY.—The term ‘‘af17 fordability study’’ means the study required under 

18 section 100236 of the Biggert-Waters Flood Insur19 ance Reform Act of 2012 (Public Law 112–141; 126 

20 Stat. 957). 

21 (5) APPLICABLE FLOOD PLAIN MANAGEMENT

22 MEASURES.—The term ‘‘applicable flood plain man23 agement measures’’ means flood plain management 

24 measures adopted by a community under section 

25 60.3(c) of title 44, Code of Federal Regulations. 


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1 (6) COVERED STRUCTURE.—The term ‘‘covered 

2 structure’’ means a residential structure— 

3 (A) that is located in a community that 

4 has adopted flood plain management measures 

5 that are approved by the Federal Emergency 

6 Management Agency and that satisfy the re7 quirements for an exception for floodproofed 

8 residential basements under section 60.6(c) of 

9 title 44, Code of Federal Regulations; and 

10 (B) that was built in compliance with the 

11 applicable flood plain management measures. 

12 (7) DRAFT AFFORDABILITY FRAMEWORK.—The 

13 term ‘‘draft affordability framework’’ means the 

14 draft programmatic and regulatory framework re15 quired to be prepared by the Administrator and sub16 mitted to Congress under section 3(d) addressing 

17 the issues of affordability of flood insurance sold 

18 under the National Flood Insurance Program, in19 cluding issues identified in the affordability study. 

20 (8) FLOODPROOFED ELEVATION.—The term 

21 ‘‘floodproofed elevation’’ means the height of 

22 floodproofing on a covered structure, as identified on 

23 the Residential Basement Floodproofing Certificate 

24 for the covered structure. 


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1 (9) NATIONAL FLOOD INSURANCE PROGRAM.— 

2 The term ‘‘National Flood Insurance Program’’ 

3 means the program established under the National 

4 Flood Insurance Act of 1968 (42 U.S.C. 4001 et 

5 seq.). 

6 SEC. 3. DELAYED IMPLEMENTATION OF FLOOD INSURANCE 

7 RATE INCREASES; DRAFT AFFORDABILITY 

8 FRAMEWORK. 

9 (a) DELAYED IMPLEMENTATION OF FLOOD INSUR10 ANCE RATE INCREASES.— 

11 (1) GRANDFATHERED PROPERTIES.—Beginning 

12 on the date of enactment of this Act, the Adminis13 trator may not increase risk premium rates for flood 

14 insurance for any property located in an area subject 

15 to the premium adjustment required under section 

16 1308(h) of the National Flood Insurance Act of 

17 1968 (42 U.S.C. 4015(h)). 

18 (2) PRE-FIRM PROPERTIES.—Beginning on the 

19 date of enactment of this Act, the Administrator 

20 may not reduce the risk premium rate subsidies for 

21 flood insurance for any property— 

22 (A) described under section 1307(g)(1) of 

23 the National Flood Insurance Act of 1968 (42 

24 U.S.C. 4014(g)(1)); or 


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1 (B) described under 1307(g)(3) of the Na2 tional Flood Insurance Act of 1968 (42 U.S.C. 

3 4014(g)(3)), provided that the decision of the 

4 policy holder to permit a lapse in flood insur5 ance coverage was as a result of the property 

6 no longer being required to retain such cov7 erage. 

8 (3) EXPIRATION.—The prohibitions set forth 

9 under paragraphs (1) and (2) shall expire 6 months 

10 after the later of— 

11 (A) the date on which the Administrator 

12 proposes the draft affordability framework; 

13 (B) the date on which any regulations pro14 posed pursuant to the authority that the Ad15 ministrator is granted in the affordability au16 thority bill, if such bill is enacted, become final; 

17 or 

18 (C) the date on which the Administrator 

19 certifies in writing to Congress that the Federal 

20 Emergency Management Agency has imple21 mented a flood mapping approach that utilizes 

22 sound scientific and engineering methodologies 

23 to determine varying levels of flood risk in all 

24 areas participating in the National Flood Insur25 ance Program. 


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1 (b) PROPERTY SALE TRIGGER.—Section 1307(g)(2) 

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

3 4014(g)(2)) is amended to read as follows: 

4 ‘‘(2) any property purchased after the expira5 tion of the 6-month period set forth under section 

6 3(a)(3) of the Homeowner Flood Insurance Afford7 ability Act of 2013;’’. 

8 (c) TREATMENT OF PRE-FIRM PROPERTIES.—Be9 ginning on the date of enactment of this Act and ending 

10 upon the expiration of the 6-month period set forth under 

11 subsection (a)(3), the Administrator shall restore the risk 

12 premium rate subsidies for flood insurance estimated 

13 under section 1307(a)(2) of the National Flood Insurance 

14 Act of 1968 (42 U.S.C. 4014(a)(2)) for any property de15 scribed in subparagraphs (A) and (B) of subsection (a)(2) 

16 of this Act and in section 1307(g)(2) of the National 

17 Flood Insurance Act of 1968 (42 U.S.C. 4014(g)(2)). 

18 (d) DRAFT AFFORDABILITY FRAMEWORK.— 

19 (1) IN GENERAL.—The Administrator shall pre20 pare a draft affordability framework that proposes 

21 to address, via programmatic and regulatory 

22 changes, the issues of affordability of flood insur23 ance sold under the National Flood Insurance Pro24 gram, including issues identified in the affordability 

25 study. 


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1 (2) CRITERIA.—In carrying out the require2 ments under paragraph (1), the Administrator shall 

3 consider the following criteria: 

4 (A) Accurate communication to consumers 

5 of the flood risk associated with their property. 

6 (B) Targeted assistance to flood insurance 

7 policy holders based on their financial ability to 

8 continue to participate in the National Flood 

9 Insurance Program. 

10 (C) Individual or community actions to 

11 mitigate the risk of flood or lower the cost of 

12 flood insurance. 

13 (D) The impact of increases in risk pre14 mium rates on participation in the National 

15 Flood Insurance Program. 

16 (E) The impact flood insurance rate map 

17 updates have on the affordability of flood insur18 ance. 

19 (3) DEADLINE FOR SUBMISSION.—Not later 

20 than 18 months after the date on which the Admin21 istrator submits the affordability study, the Admin22 istrator shall submit to the full Committee on Bank23 ing, Housing, and Urban Affairs and the full Com24 mittee on Appropriations of the Senate and the full 

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1 mittee on Appropriations of the House of Represent2 atives the draft affordability framework. 

3 (e) CONGRESSIONAL CONSIDERATION OF FEMA AF4 FORDABILITY AUTHORITIES.— 

5 (1) NO REFERRAL.—Upon introduction in ei6 ther House of Congress, an affordability authority 

7 bill shall not be referred to a committee and shall 

8 immediately be placed on the calendar. 

9 (2) CONSIDERATION IN THE HOUSE OF REP10 RESENTATIVES.— 

11 (A) PROCEEDING TO CONSIDERATION.—It 

12 shall be in order to move to proceed to consider 

13 the affordability authority bill in the House. All 

14 points of order against the motion are waived. 

15 Such a motion shall not be in order after the 

16 House has disposed of a motion to proceed with 

17 respect to the affordability authority bill. The 

18 previous question shall be considered as ordered 

19 on the motion to its adoption without inter20 vening motion. The motion shall not be debat21 able. A motion to reconsider the vote by which 

22 the motion is disposed of shall not be in order. 

23 (B) CONSIDERATION.—The affordability 

24 authority bill shall be considered as read. All 

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1 ity bill and against its consideration are waived. 

2 The previous question shall be considered as or3 dered on the affordability authority bill to its 

4 passage without intervening motion except 10 

5 hours of debate equally divided and controlled 

6 by the proponent and an opponent. A motion to 

7 reconsider the vote on passage of the afford8 ability authority bill shall not be in order. 

9 (3) CONSIDERATION IN THE SENATE.— 

10 (A) PLACEMENT ON THE CALENDAR.— 

11 Upon introduction in the Senate, an afford12 ability authority bill shall be immediately placed 

13 on the calendar. 

14 (B) FLOOR CONSIDERATION.—Notwith15 standing Rule XXII of the Standing Rules of 

16 the Senate, it is in order, at any time beginning 

17 on the day after the 6th day after the date of 

18 introduction of an affordability authority bill 

19 (even if a previous motion to the same effect 

20 has been disagreed to) to move to proceed to 

21 the consideration of the affordability authority 

22 bill and all points of order against consideration 

23 of the affordability authority bill are waived. 

24 The motion to proceed is not debatable. The 

25 motion is not subject to a motion to postpone. 


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1 A motion to reconsider the vote by which the 

2 motion is agreed to or disagreed to shall not be 

3 in order. If a motion to proceed to the consider4 ation of the affordability authority bill is agreed 

5 to, the affordability authority bill shall remain 

6 the unfinished business until disposed of. 

7 (C) CONSIDERATION.—All points of order 

8 against the affordability authority bill are 

9 waived. Consideration of the affordability au10 thority bill and of all debatable motions and ap11 peals in connection therewith shall be limited to 

12 not more than 10 hours which shall be divided 

13 equally between the majority and minority lead14 ers or their designees. A motion further to limit 

15 debate on the affordability authority bill is in 

16 order, and is not debatable. 

17 (D) NO AMENDMENTS.—An amendment to 

18 the affordability authority bill, or a motion to 

19 postpone, or a motion to proceed to the consid20 eration of other business, or a motion to com21 mit or recommit the affordability authority bill, 

22 is not in order. 

23 (E) VOTE ON PASSAGE.—If the Senate has 

24 voted to proceed to the affordability authority 

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1 thority bill shall occur immediately following the 

2 conclusion of consideration of the affordability 

3 authority bill, and a single quorum call at the 

4 conclusion of the debate if requested in accord5 ance with the rules of the Senate. 

6 (4) AMENDMENT.—The affordability authority 

7 bill shall not be subject to amendment in either the 

8 House of Representatives or the Senate. 

9 (5) CONSIDERATION BY THE OTHER HOUSE.— 

10 (A) IN GENERAL.—If, before passing the 

11 affordability authority bill, one House receives 

12 from the other an affordability authority bill— 

13 (i) the affordability authority bill of 

14 the other House shall not be referred to a 

15 committee; and 

16 (ii) the procedure in the receiving 

17 House shall be the same as if no afford18 ability authority bill had been received 

19 from the other House except that the vote 

20 on passage shall be on the affordability au21 thority bill of the other House. 

22 (B) REVENUE MEASURE.—This subsection 

23 shall not apply to the House of Representatives 

24 if the affordability authority bill received from 

25 the Senate is a revenue measure. 


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1 (6) COORDINATION WITH ACTION BY OTHER

2 HOUSE.— 

3 (A) TREATMENT OF AFFORDABILITY AU4 THORITY BILL OF OTHER HOUSE.—If the Sen5 ate fails to introduce or consider a affordability 

6 authority bill under this section, the afford7 ability authority bill of the House shall be enti8 tled to expedited floor procedures under this 

9 section. 

10 (B) TREATMENT OF COMPANION MEAS11 URES IN THE SENATE.—If following passage of 

12 the affordability authority bill in the Senate, 

13 the Senate then receives the affordability au14 thority bill from the House of Representatives, 

15 the House-passed affordability authority bill 

16 shall not be debatable. 

17 (C) VETOES.—If the President vetoes the 

18 affordability authority bill, debate on a veto 

19 message in the Senate under this section shall 

20 be 1 hour equally divided between the majority 

21 and minority leaders or their designees. 

22 (7) RULES OF THE HOUSE OF REPRESENTA23 TIVES AND SENATE.—This subsection is enacted by 

24 Congress— 


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1 (A) as an exercise of the rulemaking power 

2 of the Senate and the House of Representa3 tives, respectively, and as such it is deemed a 

4 part of the rules of each House, respectively, 

5 but applicable only with respect to the proce6 dure to be followed in that House in the case 

7 of an affordability authority bill, and it super8 sedes other rules only to the extent that it is in9 consistent with such rules; and 

10 (B) with full recognition of the constitu11 tional right of either House to change its rules 

12 at any time, in the same manner, and to the 

13 same extent as in the case of any other rule of 

14 that House. 

15 (f) INTERAGENCY AGREEMENTS.—The Adminis16 trator may enter into an agreement with another Federal 

17 agency to— 

18 (1) complete the affordability study; or 

19 (2) prepare the draft affordability framework. 

20 (g) CLEAR COMMUNICATIONS.—The Administrator 

21 shall clearly communicate full flood risk determinations to 

22 individual property owners regardless of whether their pre23 mium rates are full actuarial rates. 

24 (h) RULE OF CONSTRUCTION.—Nothing in this sec25 tion shall be construed to provide the Administrator with 


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1 the authority to provide assistance to homeowners based 

2 on affordability that was not available prior to the enact3 ment of the Biggert-Waters Flood Insurance Reform Act 

4 of 2012 (Public Law 112–141; 126 Stat. 916). 

5 SEC. 4. AFFORDABILITY STUDY AND REPORT. 

6 Notwithstanding the deadline under section 

7 100236(c) of the Biggert-Waters Flood Insurance Reform 

8 Act of 2012 (Public Law 112–141; 126 Stat. 957), not 

9 later than 2 years after the date of enactment of this Act, 

10 the Administrator shall submit to the full Committee on 

11 Banking, Housing, and Urban Affairs and the full Com12 mittee on Appropriations of the Senate and the full Com13 mittee on Financial Services and the full Committee on 

14 Appropriations of the House of Representatives the af15 fordability study and report required under such section. 

16 SEC. 5. AFFORDABILITY STUDY FUNDING. 

17 Section 100236(d) of the Biggert-Waters Flood In18 surance Reform Act of 2012 (Public Law 112–141; 126 

19 Stat. 957) is amended by striking ‘‘not more than 

20 $750,000’’ and inserting ‘‘such amounts as may be nec21 essary’’. 

22 SEC. 6. FUNDS TO REIMBURSE HOMEOWNERS FOR SUC23 CESSFUL MAP APPEALS. 

24 (a) IN GENERAL.—Section 1363(f) of the National 

25 Flood Insurance Act of 1968 (42 U.S.C. 4104(f)) is 


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1 amended by striking the second sentence and inserting the 

2 following: ‘‘The Administrator may use such amounts 

3 from the National Flood Insurance Fund established 

4 under section 1310 as may be necessary to carry out this 

5 subsection.’’. 

6 (b) CONFORMING AMENDMENT.—Section 1310(a) of 

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

8 4017(a)) is amended— 

9 (1) in paragraph (6), by striking ‘‘and’’ at the 

10 end; 

11 (2) in paragraph (7), by striking the period at 

12 the end and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(8) for carrying out section 1363(f).’’. 

15 SEC. 7. FLOOD PROTECTION SYSTEMS. 

16 (a) ADEQUATE PROGRESS ON CONSTRUCTION OF

17 FLOOD PROTECTION SYSTEMS.—Section 1307(e) of the 

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

19 4014(e)) is amended— 

20 (1) in the first sentence, by inserting ‘‘or recon21 struction’’ after ‘‘construction’’; 

22 (2) by amending the second sentence to read as 

23 follows: ‘‘The Administrator shall find that adequate 

24 progress on the construction or reconstruction of a 

25 flood protection system, based on the present value 


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1 of the completed flood protection system, has been 

2 made only if (1) 100 percent of the cost of the sys3 tem has been authorized, (2) at least 60 percent of 

4 the cost of the system has been appropriated, (3) at 

5 least 50 percent of the cost of the system has been 

6 expended, and (4) the system is at least 50 percent 

7 completed.’’; and 

8 (3) by adding at the end the following: ‘‘Not9 withstanding any other provision of law, in deter10 mining whether a community has made adequate 

11 progress on the construction, reconstruction, or im12 provement of a flood protection system, the Adminis13 trator shall consider all sources of funding, including 

14 Federal, State, and local funds.’’. 

15 (b) COMMUNITIES RESTORING DISACCREDITED

16 FLOOD PROTECTION SYSTEMS.—Section 1307(f) of the 

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

18 4014(f)) is amended by amending the first sentence to 

19 read as follows: ‘‘Notwithstanding any other provision of 

20 law, this subsection shall apply to riverine and coastal lev21 ees that are located in a community which has been deter22 mined by the Administrator of the Federal Emergency 

23 Management Agency to be in the process of restoring flood 

24 protection afforded by a flood protection system that had 

25 been previously accredited on a Flood Insurance Rate Map 


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1 as providing 100-year frequency flood protection but no 

2 longer does so, and shall apply without regard to the level 

3 of Federal funding of or participation in the construction, 

4 reconstruction, or improvement of the flood protection sys5 tem.’’. 

6 SEC. 8. TREATMENT OF FLOODPROOFED RESIDENTIAL 

7 BASEMENTS. 

8 Notwithstanding the Biggert-Waters Flood Insurance 

9 Reform Act of 2012 (Public Law 112–141; 126 Stat. 

10 916), the amendments made by that Act, or any other pro11 vision of law, the Administrator shall rate a covered struc12 ture using the elevation difference between the 

13 floodproofed elevation of the covered structure and the ad14 justed base flood elevation of the covered structure. 

15 SEC. 9. DESIGNATION OF FLOOD INSURANCE ADVOCATE. 

16 (a) IN GENERAL.—The Administrator shall designate 

17 a Flood Insurance Advocate to advocate for the fair treat18 ment of policy holders under the National Flood Insurance 

19 Program and property owners in the mapping of flood 

20 hazards, the identification of risks from flood, and the im21 plementation of measures to minimize the risk of flood. 

22 (b) DUTIES AND RESPONSIBILITIES.—The duties 

23 and responsibilities of the Flood Insurance Advocate des24 ignated under subsection (a) shall be to— 


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1 (1) educate property owners and policyholders 

2 under the National Flood Insurance Program on— 

3 (A) individual flood risks; 

4 (B) flood mitigation; and 

5 (C) measures to reduce flood insurance 

6 rates through effective mitigation; and 

7 (D) the flood insurance rate map review 

8 and amendment process; 

9 (2) assist policy holders under the National 

10 Flood Insurance Program and property owners to 

11 understand the procedural requirements related to 

12 appealing preliminary flood insurance rate maps and 

13 implementing measures to mitigate evolving flood 

14 risks; 

15 (3) assist in the development of regional capac16 ity to respond to individual constituent concerns 

17 about flood insurance rate map amendments and re18 visions; 

19 (4) coordinate outreach and education with 

20 local officials and community leaders in areas im21 pacted by proposed flood insurance rate map amend22 ments and revisions; and 

23 (5) aid potential policy holders under the Na24 tional Flood Insurance Program in obtaining and 

25 verifying accurate and reliable flood insurance rate 


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1 information when purchasing or renewing a flood in2 surance policy. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated for each fiscal year such 

5 sums as may be necessary to carry out the duties and re6 sponsibilities of the Flood Insurance Advocate. 

Æ 


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