II 

Calendar No. 266 

113TH CONGRESS 

1ST SESSION S. 1846 

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 

DECEMBER 17, 2013 

Mr. MENENDEZ (for himself, Mr. BEGICH, Mr. BLUMENTHAL, Mr. BOOKER, 

Mr. CASEY, Mr. COCHRAN, Mr. FRANKEN, Mrs. GILLIBRAND, Mr. GRAHAM, Mrs. HAGAN, Ms. HEITKAMP, Mr. HOEVEN, Mr. ISAKSON, Ms. 

KLOBUCHAR, Ms. LANDRIEU, Mr. MANCHIN, Mr. MARKEY, Mr. 

MERKLEY, Ms. MURKOWSKI, Mr. NELSON, Mr. REED, Mr. SCHATZ, Mr. 

SCHUMER, Mr. SCOTT, Mr. VITTER, Ms. WARREN, Mr. WHITEHOUSE, 

and Mr. WICKER) introduced the following bill; which was read the first 

time 

DECEMBER 18, 2013 

Read the second time and placed on the calendar 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Homeowner Flood In3 surance Affordability Act of 2013’’. 

4 SEC. 2. DEFINITIONS. 

5 As used in this Act, the following definitions shall 

6 apply: 

7 (1) ADJUSTED BASE FLOOD ELEVATION.—For 

8 purposes of rating a floodproofed covered structure, 

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

10 base flood elevation for a covered structure on the 

11 applicable effective flood insurance rate map, plus 1 

12 foot. 

13 (2) ADMINISTRATOR.—The term ‘‘Adminis14 trator’’ means the Administrator of the Federal 

15 Emergency Management Agency. 

16 (3) AFFORDABILITY AUTHORITY BILL.—The 

17 term ‘‘affordability authority bill’’ means a non18 amendable bill that if enacted would only grant the 

19 Administrator the authority necessary to promulgate 

20 regulations in accordance with the criteria set forth 

21 in section 3(d)(2). 

22 (4) AFFORDABILITY STUDY.—The term ‘‘af23 fordability study’’ means the study required under 

24 section 100236 of the Biggert-Waters Flood Insur25 ance Reform Act of 2012 (Public Law 112–141; 126 

26 Stat. 957). 


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1 (5) APPLICABLE FLOOD PLAIN MANAGEMENT

2 MEASURES.—The term ‘‘applicable flood plain man3 agement measures’’ means flood plain management 

4 measures adopted by a community under section 

5 60.3(c) of title 44, Code of Federal Regulations. 

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

7 structure’’ means a residential structure— 

8 (A) that is located in a community that 

9 has adopted flood plain management measures 

10 that are approved by the Federal Emergency 

11 Management Agency and that satisfy the re12 quirements for an exception for floodproofed 

13 residential basements under section 60.6(c) of 

14 title 44, Code of Federal Regulations; and 

15 (B) that was built in compliance with the 

16 applicable flood plain management measures. 

17 (7) DRAFT AFFORDABILITY FRAMEWORK.—The 

18 term ‘‘draft affordability framework’’ means the 

19 draft programmatic and regulatory framework re20 quired to be prepared by the Administrator and sub21 mitted to Congress under section 3(d) addressing 

22 the issues of affordability of flood insurance sold 

23 under the National Flood Insurance Program, in24 cluding issues identified in the affordability study. 


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1 (8) FLOODPROOFED ELEVATION.—The term 

2 ‘‘floodproofed elevation’’ means the height of 

3 floodproofing on a covered structure, as identified on 

4 the Residential Basement Floodproofing Certificate 

5 for the covered structure. 

6 (9) NATIONAL FLOOD INSURANCE PROGRAM.— 

7 The term ‘‘National Flood Insurance Program’’ 

8 means the program established under the National 

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

10 seq.). 

11 SEC. 3. DELAYED IMPLEMENTATION OF FLOOD INSURANCE 

12 RATE INCREASES; DRAFT AFFORDABILITY 

13 FRAMEWORK. 

14 (a) DELAYED IMPLEMENTATION OF FLOOD INSUR15 ANCE RATE INCREASES.— 

16 (1) GRANDFATHERED PROPERTIES.—Beginning 

17 on the date of enactment of this Act, the Adminis18 trator may not implement section 1308(h) of the 

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

20 4015(h)). 

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

22 date of enactment of this Act, the Administrator 

23 may not implement— 


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1 (A) section 1307(g)(1) of the National 

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

3 4014(g)(1)); or 

4 (B) section 1307(g)(3) of the National 

5 Flood Insurance Act of 1968 (42 U.S.C. 

6 4014(g)(3)) with respect to any policy described 

7 in that section, provided that the decision of the 

8 policy holder to permit a lapse in flood insur9 ance coverage was as a result of the property 

10 covered by the policy no longer being required 

11 to retain such coverage. 

12 (3) EXPIRATION.—The prohibitions set forth 

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

14 after the later of— 

15 (A) the date on which the Administrator 

16 proposes the draft affordability framework; 

17 (B) the date on which any regulations pro18 posed pursuant to the authority that the Ad19 ministrator is granted in the affordability au20 thority bill, if such bill is enacted, become final; 

21 or 

22 (C) the date on which the Administrator 

23 certifies in writing to Congress that the Federal 

24 Emergency Management Agency has imple25 mented a flood mapping approach that, when 


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1 applied, results in technically credible flood haz2 ard data in all areas where Flood Insurance 

3 Rate Maps are prepared or updated. 

4 (b) PROPERTY SALE TRIGGER.— 

5 (1) IN GENERAL.—Section 1307(g)(2) of the 

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

7 4014(g)(2)) is amended to read as follows: 

8 ‘‘(2) any property purchased after the expira9 tion of the 6-month period set forth under section 

10 3(a)(3) of the Homeowner Flood Insurance Afford11 ability Act of 2013;’’. 

12 (2) PROTECTION OF SUBSIDY FOR PROPERTIES

13 PURCHASED ON OR BEFORE EXPIRATION DATE.— 

14 Notwithstanding paragraph (1) or (3) of section 

15 1307(g) of the National Flood Insurance Act of 

16 1968 (42 U.S.C. 4014(g)(1) and (3)), the Adminis17 trator may not reduce the risk premium rate subsidy 

18 for flood insurance for a property purchased on or 

19 before the expiration of the 6-month period set forth 

20 under subsection (a)(3) of this section based on the 

21 fact that— 

22 (A) the property was not insured by the 

23 flood insurance program as of the date of en24 actment of the Biggert-Waters Flood Insurance 


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1 Reform Act of 2012 (Public Law 112–141; 126 

2 Stat. 916); or 

3 (B) on or before the expiration of that 6- 

4 month period, the policy for the property had 

5 lapsed in coverage as a result of the deliberate 

6 choice of the policy holder, provided that the 

7 decision of the policy holder to permit a lapse 

8 in coverage was as a result of the property no 

9 longer being required to retain such coverage. 

10 (c) TREATMENT OF PRE-FIRM PROPERTIES.—Be11 ginning on the date of enactment of this Act and ending 

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

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

14 premium rate subsidies for flood insurance estimated 

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

16 Act of 1968 (42 U.S.C. 4014(a)(2)) for any property— 

17 (1) with respect to which the Administrator 

18 may not, under subsection (a)(2)(A) of this section, 

19 implement section 1307(g)(1) of the National Flood 

20 Insurance Act of 1968; 

21 (2) with respect to which the Administrator 

22 may not, under subsection (a)(2)(B) of this section, 

23 implement section 1307(g)(3) of the National Flood 

24 Insurance Act of 1968; or 


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1 (3) described in section 1307(g)(2) of the Na2 tional Flood Insurance Act of 1968 (42 U.S.C. 

3 4014(g)(2)), as amended by this section. 

4 (d) DRAFT AFFORDABILITY FRAMEWORK.— 

5 (1) IN GENERAL.—The Administrator shall pre6 pare a draft affordability framework that proposes 

7 to address, via programmatic and regulatory 

8 changes, the issues of affordability of flood insur9 ance sold under the National Flood Insurance Pro10 gram, including issues identified in the affordability 

11 study. 

12 (2) CRITERIA.—In carrying out the require13 ments under paragraph (1), the Administrator shall 

14 consider the following criteria: 

15 (A) Accurate communication to consumers 

16 of the flood risk associated with their property. 

17 (B) Targeted assistance to flood insurance 

18 policy holders based on their financial ability to 

19 continue to participate in the National Flood 

20 Insurance Program. 

21 (C) Individual or community actions to 

22 mitigate the risk of flood or lower the cost of 

23 flood insurance. 


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1 (D) The impact of increases in risk pre2 mium rates on participation in the National 

3 Flood Insurance Program. 

4 (E) The impact flood insurance rate map 

5 updates have on the affordability of flood insur6 ance. 

7 (3) DEADLINE FOR SUBMISSION.—Not later 

8 than 18 months after the date on which the Admin9 istrator submits the affordability study, the Admin10 istrator shall submit to the full Committee on Bank11 ing, Housing, and Urban Affairs and the full Com12 mittee on Appropriations of the Senate and the full 

13 Committee on Financial Services and the full Com14 mittee on Appropriations of the House of Represent15 atives the draft affordability framework. 

16 (e) CONGRESSIONAL CONSIDERATION OF FEMA AF17 FORDABILITY AUTHORITIES.— 

18 (1) NO REFERRAL.—Upon introduction in ei19 ther House of Congress, an affordability authority 

20 bill shall not be referred to a committee and shall 

21 immediately be placed on the calendar. 

22 (2) CONSIDERATION IN THE HOUSE OF REP23 RESENTATIVES.— 

24 (A) PROCEEDING TO CONSIDERATION.—It 

25 shall be in order to move to proceed to consider 


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1 the affordability authority bill in the House. All 

2 points of order against the motion are waived. 

3 Such a motion shall not be in order after the 

4 House has disposed of a motion to proceed with 

5 respect to the affordability authority bill. The 

6 previous question shall be considered as ordered 

7 on the motion to its adoption without inter8 vening motion. The motion shall not be debat9 able. A motion to reconsider the vote by which 

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

11 (B) CONSIDERATION.—The affordability 

12 authority bill shall be considered as read. All 

13 points of order against the affordability author14 ity bill and against its consideration are waived. 

15 The previous question shall be considered as or16 dered on the affordability authority bill to its 

17 passage without intervening motion except 10 

18 hours of debate equally divided and controlled 

19 by the proponent and an opponent. A motion to 

20 reconsider the vote on passage of the afford21 ability authority bill shall not be in order. 

22 (3) CONSIDERATION IN THE SENATE.— 

23 (A) PLACEMENT ON THE CALENDAR.— 

24 Upon introduction in the Senate, an affordVerDate Mar 15 2010 03:01 Dec 19, 2013 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1846.PCS S1846

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1 ability authority bill shall be immediately placed 

2 on the calendar. 

3 (B) FLOOR CONSIDERATION.—Notwith4 standing Rule XXII of the Standing Rules of 

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

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

7 introduction of an affordability authority bill 

8 (even if a previous motion to the same effect 

9 has been disagreed to) to move to proceed to 

10 the consideration of the affordability authority 

11 bill and all points of order against consideration 

12 of the affordability authority bill are waived. 

13 The motion to proceed is not debatable. The 

14 motion is not subject to a motion to postpone. 

15 A motion to reconsider the vote by which the 

16 motion is agreed to or disagreed to shall not be 

17 in order. If a motion to proceed to the consider18 ation of the affordability authority bill is agreed 

19 to, the affordability authority bill shall remain 

20 the unfinished business until disposed of. 

21 (C) CONSIDERATION.—All points of order 

22 against the affordability authority bill are 

23 waived. Consideration of the affordability au24 thority bill and of all debatable motions and ap25 peals in connection therewith shall be limited to 


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1 not more than 10 hours which shall be divided 

2 equally between the majority and minority lead3 ers or their designees. A motion further to limit 

4 debate on the affordability authority bill is in 

5 order, and is not debatable. 

6 (D) NO AMENDMENTS.—An amendment to 

7 the affordability authority bill, or a motion to 

8 postpone, or a motion to proceed to the consid9 eration of other business, or a motion to com10 mit or recommit the affordability authority bill, 

11 is not in order. 

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

13 voted to proceed to the affordability authority 

14 bill, the vote on passage of the affordability au15 thority bill shall occur immediately following the 

16 conclusion of consideration of the affordability 

17 authority bill, and a single quorum call at the 

18 conclusion of the debate if requested in accord19 ance with the rules of the Senate. 

20 (4) AMENDMENT.—The affordability authority 

21 bill shall not be subject to amendment in either the 

22 House of Representatives or the Senate. 

23 (5) CONSIDERATION BY THE OTHER HOUSE.— 


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

2 affordability authority bill, one House receives 

3 from the other an affordability authority bill— 

4 (i) the affordability authority bill of 

5 the other House shall not be referred to a 

6 committee; and 

7 (ii) the procedure in the receiving 

8 House shall be the same as if no afford9 ability authority bill had been received 

10 from the other House except that the vote 

11 on passage shall be on the affordability au12 thority bill of the other House. 

13 (B) REVENUE MEASURE.—This subsection 

14 shall not apply to the House of Representatives 

15 if the affordability authority bill received from 

16 the Senate is a revenue measure. 

17 (6) COORDINATION WITH ACTION BY OTHER

18 HOUSE.— 

19 (A) TREATMENT OF AFFORDABILITY AU20 THORITY BILL OF OTHER HOUSE.—If the Sen21 ate fails to introduce or consider a affordability 

22 authority bill under this section, the afford23 ability authority bill of the House shall be enti24 tled to expedited floor procedures under this 

25 section. 


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1 (B) TREATMENT OF COMPANION MEAS2 URES IN THE SENATE.—If following passage of 

3 the affordability authority bill in the Senate, 

4 the Senate then receives the affordability au5 thority bill from the House of Representatives, 

6 the House-passed affordability authority bill 

7 shall not be debatable. 

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

9 affordability authority bill, debate on a veto 

10 message in the Senate under this section shall 

11 be 1 hour equally divided between the majority 

12 and minority leaders or their designees. 

13 (7) RULES OF THE HOUSE OF REPRESENTA14 TIVES AND SENATE.—This subsection is enacted by 

15 Congress— 

16 (A) as an exercise of the rulemaking power 

17 of the Senate and the House of Representa18 tives, respectively, and as such it is deemed a 

19 part of the rules of each House, respectively, 

20 but applicable only with respect to the proce21 dure to be followed in that House in the case 

22 of an affordability authority bill, and it super23 sedes other rules only to the extent that it is in24 consistent with such rules; and 


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1 (B) with full recognition of the constitu2 tional right of either House to change its rules 

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

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

5 that House. 

6 (f) INTERAGENCY AGREEMENTS.—The Adminis7 trator may enter into an agreement with another Federal 

8 agency to— 

9 (1) complete the affordability study; or 

10 (2) prepare the draft affordability framework. 

11 (g) CLEAR COMMUNICATIONS.—The Administrator 

12 shall clearly communicate full flood risk determinations to 

13 individual property owners regardless of whether their pre14 mium rates are full actuarial rates. 

15 (h) RULE OF CONSTRUCTION.—Nothing in this sec16 tion shall be construed to provide the Administrator with 

17 the authority to provide assistance to homeowners based 

18 on affordability that was not available prior to the enact19 ment of the Biggert-Waters Flood Insurance Reform Act 

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

21 SEC. 4. AFFORDABILITY STUDY AND REPORT. 

22 Notwithstanding the deadline under section 

23 100236(c) of the Biggert-Waters Flood Insurance Reform 

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

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


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1 the Administrator shall submit to the full Committee on 

2 Banking, Housing, and Urban Affairs and the full Com3 mittee on Appropriations of the Senate and the full Com4 mittee on Financial Services and the full Committee on 

5 Appropriations of the House of Representatives the af6 fordability study and report required under such section. 

7 SEC. 5. AFFORDABILITY STUDY FUNDING. 

8 Section 100236(d) of the Biggert-Waters Flood In9 surance Reform Act of 2012 (Public Law 112–141; 126 

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

11 $750,000’’ and inserting ‘‘such amounts as may be nec12 essary’’. 

13 SEC. 6. FUNDS TO REIMBURSE HOMEOWNERS FOR SUC14 CESSFUL MAP APPEALS. 

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

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

17 amended by striking the second sentence and inserting the 

18 following: ‘‘The Administrator may use such amounts 

19 from the National Flood Insurance Fund established 

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

21 subsection.’’. 

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

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

24 4017(a)) is amended— 


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

2 end; 

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

4 the end and inserting ‘‘; and’’; and 

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

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

7 SEC. 7. FLOOD PROTECTION SYSTEMS. 

8 (a) ADEQUATE PROGRESS ON CONSTRUCTION OF

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

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

11 4014(e)) is amended— 

12 (1) in the first sentence, by inserting ‘‘or recon13 struction’’ after ‘‘construction’’; 

14 (2) by striking the second sentence and insert15 ing the following: ‘‘The Administrator shall find that 

16 adequate progress on the construction or reconstruc17 tion of a flood protection system, based on the 

18 present value of the completed flood protection sys19 tem, has been made only if (1) 100 percent of the 

20 cost of the system has been authorized, (2) at least 

21 60 percent of the cost of the system has been appro22 priated, (3) at least 50 percent of the cost of the 

23 system has been expended, and (4) the system is at 

24 least 50 percent completed.’’; and 


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1 (3) by adding at the end the following: ‘‘Not2 withstanding any other provision of law, in deter3 mining whether a community has made adequate 

4 progress on the construction, reconstruction, or im5 provement of a flood protection system, the Adminis6 trator shall consider all sources of funding, including 

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

8 (b) COMMUNITIES RESTORING DISACCREDITED

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

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

11 4014(f)) is amended by striking the first sentence and in12 serting the following: ‘‘Notwithstanding any other provi13 sion of law, this subsection shall apply to riverine and 

14 coastal levees that are located in a community which has 

15 been determined by the Administrator of the Federal 

16 Emergency Management Agency to be in the process of 

17 restoring flood protection afforded by a flood protection 

18 system that had been previously accredited on a Flood In19 surance Rate Map as providing 100-year frequency flood 

20 protection but no longer does so, and shall apply without 

21 regard to the level of Federal funding of or participation 

22 in the construction, reconstruction, or improvement of the 

23 flood protection system.’’. 


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1 SEC. 8. TREATMENT OF FLOODPROOFED RESIDENTIAL 

2 BASEMENTS. 

3 In implementing section 1308(h) of the National 

4 Flood Insurance Act of 1968 (42 U.S.C. 4015(h)), the Ad5 ministrator shall rate a covered structure using the ele6 vation difference between the floodproofed elevation of the 

7 covered structure and the adjusted base flood elevation of 

8 the covered structure. 

9 SEC. 9. DESIGNATION OF FLOOD INSURANCE ADVOCATE. 

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

11 a Flood Insurance Advocate to advocate for the fair treat12 ment of policy holders under the National Flood Insurance 

13 Program and property owners in the mapping of flood 

14 hazards, the identification of risks from flood, and the im15 plementation of measures to minimize the risk of flood. 

16 (b) DUTIES AND RESPONSIBILITIES.—The duties 

17 and responsibilities of the Flood Insurance Advocate des18 ignated under subsection (a) shall be to— 

19 (1) educate property owners and policyholders 

20 under the National Flood Insurance Program on— 

21 (A) individual flood risks; 

22 (B) flood mitigation; 

23 (C) measures to reduce flood insurance 

24 rates through effective mitigation; and 

25 (D) the flood insurance rate map review 

26 and amendment process; 


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1 (2) assist policy holders under the National 

2 Flood Insurance Program and property owners to 

3 understand the procedural requirements related to 

4 appealing preliminary flood insurance rate maps and 

5 implementing measures to mitigate evolving flood 

6 risks; 

7 (3) assist in the development of regional capac8 ity to respond to individual constituent concerns 

9 about flood insurance rate map amendments and re10 visions; 

11 (4) coordinate outreach and education with 

12 local officials and community leaders in areas im13 pacted by proposed flood insurance rate map amend14 ments and revisions; and 

15 (5) aid potential policy holders under the Na16 tional Flood Insurance Program in obtaining and 

17 verifying accurate and reliable flood insurance rate 

18 information when purchasing or renewing a flood in19 surance policy. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated for each fiscal year such 

22 sums as may be necessary to carry out the duties and re23 sponsibilities of the Flood Insurance Advocate. 


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Calendar No. 266 

113TH CONGRESS 

1ST SESSION S. 1846 

A BILL 

To delay the implementation of certain provisions 

Act of 2012, and for other purposes. of the Biggert-Waters Flood Insurance Reform 

DECEMBER 18, 2013 

Read the second time and placed on the calendar 


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