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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1846 Placed on Calendar Senate (PCS)]

                                                       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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeowner Flood Insurance 
Affordability Act of 2013''.

SEC. 2. DEFINITIONS.

    As used in this Act, the following definitions shall apply:
            (1) Adjusted base flood elevation.--For purposes of rating 
        a floodproofed covered structure, the term ``adjusted base 
        flood elevation'' means the base flood elevation for a covered 
        structure on the applicable effective flood insurance rate map, 
        plus 1 foot.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Emergency Management Agency.
            (3) Affordability authority bill.--The term ``affordability 
        authority bill'' means a non-amendable bill that if enacted 
        would only grant the Administrator the authority necessary to 
        promulgate regulations in accordance with the criteria set 
        forth in section 3(d)(2).
            (4) Affordability study.--The term ``affordability study'' 
        means the study required under section 100236 of the Biggert-
        Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 
        126 Stat. 957).
            (5) Applicable flood plain management measures.--The term 
        ``applicable flood plain management measures'' means flood 
        plain management measures adopted by a community under section 
        60.3(c) of title 44, Code of Federal Regulations.
            (6) Covered structure.--The term ``covered structure'' 
        means a residential structure--
                    (A) that is located in a community that has adopted 
                flood plain management measures that are approved by 
                the Federal Emergency Management Agency and that 
                satisfy the requirements for an exception for 
                floodproofed residential basements under section 
                60.6(c) of title 44, Code of Federal Regulations; and
                    (B) that was built in compliance with the 
                applicable flood plain management measures.
            (7) Draft affordability framework.--The term ``draft 
        affordability framework'' means the draft programmatic and 
        regulatory framework required to be prepared by the 
        Administrator and submitted to Congress under section 3(d) 
        addressing the issues of affordability of flood insurance sold 
        under the National Flood Insurance Program, including issues 
        identified in the affordability study.
            (8) Floodproofed elevation.--The term ``floodproofed 
        elevation'' means the height of floodproofing on a covered 
        structure, as identified on the Residential Basement 
        Floodproofing Certificate for the covered structure.
            (9) National flood insurance program.--The term ``National 
        Flood Insurance Program'' means the program established under 
        the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et 
        seq.).

SEC. 3. DELAYED IMPLEMENTATION OF FLOOD INSURANCE RATE INCREASES; DRAFT 
              AFFORDABILITY FRAMEWORK.

    (a) Delayed Implementation of Flood Insurance Rate Increases.--
            (1) Grandfathered properties.--Beginning on the date of 
        enactment of this Act, the Administrator may not implement 
        section 1308(h) of the National Flood Insurance Act of 1968 (42 
        U.S.C. 4015(h)).
            (2) Pre-firm properties.--Beginning on the date of 
        enactment of this Act, the Administrator may not implement--
                    (A) section 1307(g)(1) of the National Flood 
                Insurance Act of 1968 (42 U.S.C. 4014(g)(1)); or
                    (B) section 1307(g)(3) of the National Flood 
                Insurance Act of 1968 (42 U.S.C. 4014(g)(3)) with 
                respect to any policy described in that section, 
                provided that the decision of the policy holder to 
                permit a lapse in flood insurance coverage was as a 
                result of the property covered by the policy no longer 
                being required to retain such coverage.
            (3) Expiration.--The prohibitions set forth under 
        paragraphs (1) and (2) shall expire 6 months after the later 
        of--
                    (A) the date on which the Administrator proposes 
                the draft affordability framework;
                    (B) the date on which any regulations proposed 
                pursuant to the authority that the Administrator is 
                granted in the affordability authority bill, if such 
                bill is enacted, become final; or
                    (C) the date on which the Administrator certifies 
                in writing to Congress that the Federal Emergency 
                Management Agency has implemented a flood mapping 
                approach that, when applied, results in technically 
                credible flood hazard data in all areas where Flood 
                Insurance Rate Maps are prepared or updated.
    (b) Property Sale Trigger.--
            (1) In general.--Section 1307(g)(2) of the National Flood 
        Insurance Act of 1968 (42 U.S.C. 4014(g)(2)) is amended to read 
        as follows:
            ``(2) any property purchased after the expiration of the 6-
        month period set forth under section 3(a)(3) of the Homeowner 
        Flood Insurance Affordability Act of 2013;''.
            (2) Protection of subsidy for properties purchased on or 
        before expiration date.--Notwithstanding paragraph (1) or (3) 
        of section 1307(g) of the National Flood Insurance Act of 1968 
        (42 U.S.C. 4014(g)(1) and (3)), the Administrator may not 
        reduce the risk premium rate subsidy for flood insurance for a 
        property purchased on or before the expiration of the 6-month 
        period set forth under subsection (a)(3) of this section based 
        on the fact that--
                    (A) the property was not insured by the flood 
                insurance program as of the date of enactment of the 
                Biggert-Waters Flood Insurance Reform Act of 2012 
                (Public Law 112-141; 126 Stat. 916); or
                    (B) on or before the expiration of that 6-month 
                period, the policy for the property had lapsed in 
                coverage as a result of the deliberate choice of the 
                policy holder, provided that the decision of the policy 
                holder to permit a lapse in coverage was as a result of 
                the property no longer being required to retain such 
                coverage.
    (c) Treatment of Pre-FIRM Properties.--Beginning on the date of 
enactment of this Act and ending upon the expiration of the 6-month 
period set forth under subsection (a)(3), the Administrator shall 
restore the risk premium rate subsidies for flood insurance estimated 
under section 1307(a)(2) of the National Flood Insurance Act of 1968 
(42 U.S.C. 4014(a)(2)) for any property--
            (1) with respect to which the Administrator may not, under 
        subsection (a)(2)(A) of this section, implement section 
        1307(g)(1) of the National Flood Insurance Act of 1968;
            (2) with respect to which the Administrator may not, under 
        subsection (a)(2)(B) of this section, implement section 
        1307(g)(3) of the National Flood Insurance Act of 1968; or
            (3) described in section 1307(g)(2) of the National Flood 
        Insurance Act of 1968 (42 U.S.C. 4014(g)(2)), as amended by 
        this section.
    (d) Draft Affordability Framework.--
            (1) In general.--The Administrator shall prepare a draft 
        affordability framework that proposes to address, via 
        programmatic and regulatory changes, the issues of 
        affordability of flood insurance sold under the National Flood 
        Insurance Program, including issues identified in the 
        affordability study.
            (2) Criteria.--In carrying out the requirements under 
        paragraph (1), the Administrator shall consider the following 
        criteria:
                    (A) Accurate communication to consumers of the 
                flood risk associated with their property.
                    (B) Targeted assistance to flood insurance policy 
                holders based on their financial ability to continue to 
                participate in the National Flood Insurance Program.
                    (C) Individual or community actions to mitigate the 
                risk of flood or lower the cost of flood insurance.
                    (D) The impact of increases in risk premium rates 
                on participation in the National Flood Insurance 
                Program.
                    (E) The impact flood insurance rate map updates 
                have on the affordability of flood insurance.
            (3) Deadline for submission.--Not later than 18 months 
        after the date on which the Administrator submits the 
        affordability study, the Administrator shall submit to the full 
        Committee on Banking, Housing, and Urban Affairs and the full 
        Committee on Appropriations of the Senate and the full 
        Committee on Financial Services and the full Committee on 
        Appropriations of the House of Representatives the draft 
        affordability framework.
    (e) Congressional Consideration of FEMA Affordability 
Authorities.--
            (1) No referral.--Upon introduction in either House of 
        Congress, an affordability authority bill shall not be referred 
        to a committee and shall immediately be placed on the calendar.
            (2) Consideration in the house of representatives.--
                    (A) Proceeding to consideration.--It shall be in 
                order to move to proceed to consider the affordability 
                authority bill in the House. All points of order 
                against the motion are waived. Such a motion shall not 
                be in order after the House has disposed of a motion to 
                proceed with respect to the affordability authority 
                bill. The previous question shall be considered as 
                ordered on the motion to its adoption without 
                intervening motion. The motion shall not be debatable. 
                A motion to reconsider the vote by which the motion is 
                disposed of shall not be in order.
                    (B) Consideration.--The affordability authority 
                bill shall be considered as read. All points of order 
                against the affordability authority bill and against 
                its consideration are waived. The previous question 
                shall be considered as ordered on the affordability 
                authority bill to its passage without intervening 
                motion except 10 hours of debate equally divided and 
                controlled by the proponent and an opponent. A motion 
                to reconsider the vote on passage of the affordability 
                authority bill shall not be in order.
            (3) Consideration in the senate.--
                    (A) Placement on the calendar.--Upon introduction 
                in the Senate, an affordability authority bill shall be 
                immediately placed on the calendar.
                    (B) Floor consideration.--Notwithstanding Rule XXII 
                of the Standing Rules of the Senate, it is in order, at 
                any time beginning on the day after the 6th day after 
                the date of introduction of an affordability authority 
                bill (even if a previous motion to the same effect has 
                been disagreed to) to move to proceed to the 
                consideration of the affordability authority bill and 
                all points of order against consideration of the 
                affordability authority bill are waived. The motion to 
                proceed is not debatable. The motion is not subject to 
                a motion to postpone. A motion to reconsider the vote 
                by which the motion is agreed to or disagreed to shall 
                not be in order. If a motion to proceed to the 
                consideration of the affordability authority bill is 
                agreed to, the affordability authority bill shall 
                remain the unfinished business until disposed of.
                    (C) Consideration.--All points of order against the 
                affordability authority bill are waived. Consideration 
                of the affordability authority bill and of all 
                debatable motions and appeals in connection therewith 
                shall be limited to not more than 10 hours which shall 
                be divided equally between the majority and minority 
                leaders or their designees. A motion further to limit 
                debate on the affordability authority bill is in order, 
                and is not debatable.
                    (D) No amendments.--An amendment to the 
                affordability authority bill, or a motion to postpone, 
                or a motion to proceed to the consideration of other 
                business, or a motion to commit or recommit the 
                affordability authority bill, is not in order.
                    (E) Vote on passage.--If the Senate has voted to 
                proceed to the affordability authority bill, the vote 
                on passage of the affordability authority bill shall 
                occur immediately following the conclusion of 
                consideration of the affordability authority bill, and 
                a single quorum call at the conclusion of the debate if 
                requested in accordance with the rules of the Senate.
            (4) Amendment.--The affordability authority bill shall not 
        be subject to amendment in either the House of Representatives 
        or the Senate.
            (5) Consideration by the other house.--
                    (A) In general.--If, before passing the 
                affordability authority bill, one House receives from 
                the other an affordability authority bill--
                            (i) the affordability authority bill of the 
                        other House shall not be referred to a 
                        committee; and
                            (ii) the procedure in the receiving House 
                        shall be the same as if no affordability 
                        authority bill had been received from the other 
                        House except that the vote on passage shall be 
                        on the affordability authority bill of the 
                        other House.
                    (B) Revenue measure.--This subsection shall not 
                apply to the House of Representatives if the 
                affordability authority bill received from the Senate 
                is a revenue measure.
            (6) Coordination with action by other house.--
                    (A) Treatment of affordability authority bill of 
                other house.--If the Senate fails to introduce or 
                consider a affordability authority bill under this 
                section, the affordability authority bill of the House 
                shall be entitled to expedited floor procedures under 
                this section.
                    (B) Treatment of companion measures in the 
                senate.--If following passage of the affordability 
                authority bill in the Senate, the Senate then receives 
                the affordability authority bill from the House of 
                Representatives, the House-passed affordability 
                authority bill shall not be debatable.
                    (C) Vetoes.--If the President vetoes the 
                affordability authority bill, debate on a veto message 
                in the Senate under this section shall be 1 hour 
                equally divided between the majority and minority 
                leaders or their designees.
            (7) Rules of the house of representatives and senate.--This 
        subsection is enacted by Congress--
                    (A) as an exercise of the rulemaking power of the 
                Senate and the House of Representatives, respectively, 
                and as such it is deemed a part of the rules of each 
                House, respectively, but applicable only with respect 
                to the procedure to be followed in that House in the 
                case of an affordability authority bill, and it 
                supersedes other rules only to the extent that it is 
                inconsistent with such rules; and
                    (B) with full recognition of the constitutional 
                right of either House to change its rules at any time, 
                in the same manner, and to the same extent as in the 
                case of any other rule of that House.
    (f) Interagency Agreements.--The Administrator may enter into an 
agreement with another Federal agency to--
            (1) complete the affordability study; or
            (2) prepare the draft affordability framework.
    (g) Clear Communications.--The Administrator shall clearly 
communicate full flood risk determinations to individual property 
owners regardless of whether their premium rates are full actuarial 
rates.
    (h) Rule of Construction.--Nothing in this section shall be 
construed to provide the Administrator with the authority to provide 
assistance to homeowners based on affordability that was not available 
prior to the enactment of the Biggert-Waters Flood Insurance Reform Act 
of 2012 (Public Law 112-141; 126 Stat. 916).

SEC. 4. AFFORDABILITY STUDY AND REPORT.

    Notwithstanding the deadline under section 100236(c) of the 
Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 
126 Stat. 957), not later than 2 years after the date of enactment of 
this Act, the Administrator shall submit to the full Committee on 
Banking, Housing, and Urban Affairs and the full Committee on 
Appropriations of the Senate and the full Committee on Financial 
Services and the full Committee on Appropriations of the House of 
Representatives the affordability study and report required under such 
section.

SEC. 5. AFFORDABILITY STUDY FUNDING.

    Section 100236(d) of the Biggert-Waters Flood Insurance Reform Act 
of 2012 (Public Law 112-141; 126 Stat. 957) is amended by striking 
``not more than $750,000'' and inserting ``such amounts as may be 
necessary''.

SEC. 6. FUNDS TO REIMBURSE HOMEOWNERS FOR SUCCESSFUL MAP APPEALS.

    (a) In General.--Section 1363(f) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4104(f)) is amended by striking the second 
sentence and inserting the following: ``The Administrator may use such 
amounts from the National Flood Insurance Fund established under 
section 1310 as may be necessary to carry out this subsection.''.
    (b) Conforming Amendment.--Section 1310(a) of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4017(a)) is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) for carrying out section 1363(f).''.

SEC. 7. FLOOD PROTECTION SYSTEMS.

    (a) Adequate Progress on Construction of Flood Protection 
Systems.--Section 1307(e) of the National Flood Insurance Act of 1968 
(42 U.S.C. 4014(e)) is amended--
            (1) in the first sentence, by inserting ``or 
        reconstruction'' after ``construction'';
            (2) by striking the second sentence and inserting the 
        following: ``The Administrator shall find that adequate 
        progress on the construction or reconstruction of a flood 
        protection system, based on the present value of the completed 
        flood protection system, has been made only if (1) 100 percent 
        of the cost of the system has been authorized, (2) at least 60 
        percent of the cost of the system has been appropriated, (3) at 
        least 50 percent of the cost of the system has been expended, 
        and (4) the system is at least 50 percent completed.''; and
            (3) by adding at the end the following: ``Notwithstanding 
        any other provision of law, in determining whether a community 
        has made adequate progress on the construction, reconstruction, 
        or improvement of a flood protection system, the Administrator 
        shall consider all sources of funding, including Federal, 
        State, and local funds.''.
    (b) Communities Restoring Disaccredited Flood Protection Systems.--
Section 1307(f) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4014(f)) is amended by striking the first sentence and inserting the 
following: ``Notwithstanding any other provision of law, this 
subsection shall apply to riverine and coastal levees that are located 
in a community which has been determined by the Administrator of the 
Federal Emergency Management Agency to be in the process of restoring 
flood protection afforded by a flood protection system that had been 
previously accredited on a Flood Insurance Rate Map as providing 100-
year frequency flood protection but no longer does so, and shall apply 
without regard to the level of Federal funding of or participation in 
the construction, reconstruction, or improvement of the flood 
protection system.''.

SEC. 8. TREATMENT OF FLOODPROOFED RESIDENTIAL BASEMENTS.

    In implementing section 1308(h) of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4015(h)), the Administrator shall rate a covered 
structure using the elevation difference between the floodproofed 
elevation of the covered structure and the adjusted base flood 
elevation of the covered structure.

SEC. 9. DESIGNATION OF FLOOD INSURANCE ADVOCATE.

    (a) In General.--The Administrator shall designate a Flood 
Insurance Advocate to advocate for the fair treatment of policy holders 
under the National Flood Insurance Program and property owners in the 
mapping of flood hazards, the identification of risks from flood, and 
the implementation of measures to minimize the risk of flood.
    (b) Duties and Responsibilities.--The duties and responsibilities 
of the Flood Insurance Advocate designated under subsection (a) shall 
be to--
            (1) educate property owners and policyholders under the 
        National Flood Insurance Program on--
                    (A) individual flood risks;
                    (B) flood mitigation;
                    (C) measures to reduce flood insurance rates 
                through effective mitigation; and
                    (D) the flood insurance rate map review and 
                amendment process;
            (2) assist policy holders under the National Flood 
        Insurance Program and property owners to understand the 
        procedural requirements related to appealing preliminary flood 
        insurance rate maps and implementing measures to mitigate 
        evolving flood risks;
            (3) assist in the development of regional capacity to 
        respond to individual constituent concerns about flood 
        insurance rate map amendments and revisions;
            (4) coordinate outreach and education with local officials 
        and community leaders in areas impacted by proposed flood 
        insurance rate map amendments and revisions; and
            (5) aid potential policy holders under the National Flood 
        Insurance Program in obtaining and verifying accurate and 
        reliable flood insurance rate information when purchasing or 
        renewing a flood insurance policy.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for each fiscal year such sums as may be necessary to 
carry out the duties and responsibilities of the Flood Insurance 
Advocate.
                                                       Calendar No. 266

113th CONGRESS

  1st Session

                                S. 1846

_______________________________________________________________________

                                 A BILL

To delay the implementation of certain provisions of the Biggert-Waters 
      Flood Insurance Reform Act of 2012, and for other purposes.

_______________________________________________________________________

                           December 18, 2013

            Read the second time and placed on the calendar
```