II 

113TH CONGRESS 

1ST SESSION S. 996 

To improve the National Flood Insurance Program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2013 

Ms. LANDRIEU introduced the following bill; which was read twice and 

referred to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To improve the National Flood Insurance Program, 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. DEFINITION. 

4 In this Act, the term ‘‘Administrator’’ means the Ad5 ministrator of the Federal Emergency Management Agen6 cy. 


jbell on DSK7SPTVN1PROD with BILLS
2 

•S 996 IS

1 SEC. 2. MAINTAINING RISK PREMIUM RATES FOR PROP2 ERTIES PURCHASED AFTER THE DATE OF EN3 ACTMENT OF THE BIGGERT-WATERS FLOOD 

4 INSURANCE REFORM ACT OF 2012. 

5 (a) IN GENERAL.—Section 1307(g) of the National 

6 Flood Insurance Act of 1968 (42 U.S.C. 4014(g)) is 

7 amended— 

8 (1) by striking paragraph (2); and 

9 (2) by redesignating paragraphs (3) and (4) as 

10 paragraphs (2) and (3), respectively. 

11 (b) EFFECTIVE DATE.—Subsection (a) shall take ef12 fect as if enacted on the date of enactment of the Biggert13 Waters Flood Insurance Reform Act of 2012 (Public Law 

14 112–141; 126 Stat. 916). 

15 SEC. 3. DELAY IN FLOOD INSURANCE RATE CHANGES. 

16 (a) IN GENERAL.—Any change in risk premium rates 

17 for flood insurance under the National Flood Insurance 

18 Program under the amendments made by sections 100205 

19 and 100207 of the Biggert-Waters Flood Insurance Re20 form Act of 2012 (Public Law 112–141; 126 Stat. 917) 

21 to sections 1307 and 1308 of the National Flood Insur22 ance Act of 1968 (42 U.S.C. 4014 and 4015) shall not 

23 take effect until— 

24 (1) the date that is 180 days after the date on 

25 which the Administrator submits the report on afVerDate Mar 15 2010 02:06 May 25, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S996.IS S996

jbell on DSK7SPTVN1PROD with BILLS
3 

•S 996 IS

1 fordability under section 100236(c) of the Biggert2 Waters Flood Insurance Reform Act of 2012; or 

3 (2) if the Administrator determines that the re4 port on affordability required under section 

5 100236(c) of the Biggert-Waters Flood Insurance 

6 Reform Act of 2012 cannot be submitted by the date 

7 specified under such section 100236(c), the date 

8 that is 180 days after the date on which the Admin9 istrator submits the information under section 

10 100236(e)(2) of such Act, as added by section 6 of 

11 this Act. 

12 (b) EFFECTIVE DATE.—Subsection (a) shall take ef13 fect as if enacted as part of the Biggert-Waters Flood In14 surance Reform Act of 2012. 

15 SEC. 4. STUDIES OF VOLUNTARY COMMUNITY-BASED 

16 FLOOD INSURANCE OPTIONS. 

17 (a) STUDY.— 

18 (1) STUDY REQUIRED.—The Administrator 

19 shall conduct a study to assess options, methods, 

20 and strategies for making available voluntary com21 munity-based flood insurance policies through the 

22 National Flood Insurance Program. 

23 (2) CONSIDERATIONS.—The study conducted 

24 under paragraph (1) shall— 


jbell on DSK7SPTVN1PROD with BILLS
4 

•S 996 IS

1 (A) take into consideration and analyze 

2 how voluntary community-based flood insurance 

3 policies— 

4 (i) would affect communities having 

5 varying economic bases, geographic loca6 tions, flood hazard characteristics or classi7 fications, and flood management ap8 proaches; and 

9 (ii) could satisfy the applicable re10 quirements under section 102 of the Flood 

11 Disaster Protection Act of 1973 (42 

12 U.S.C. 4012a); and 

13 (B) evaluate the advisability of making 

14 available voluntary community-based flood in15 surance policies to communities, subdivisions of 

16 communities, and areas of residual risk. 

17 (3) CONSULTATION.—In conducting the study 

18 required under paragraph (1), the Administrator 

19 may consult with the Comptroller General of the 

20 United States, as the Administrator determines is 

21 appropriate. 

22 (b) REPORT BY THE ADMINISTRATOR.— 

23 (1) REPORT REQUIRED.—Not later than 18 

24 months after the date of enactment of this Act, the 

25 Administrator shall submit to the Committee on 


jbell on DSK7SPTVN1PROD with BILLS
5 

•S 996 IS

1 Banking, Housing, and Urban Affairs of the Senate 

2 and the Committee on Financial Services of the 

3 House of Representatives a report that contains the 

4 results and conclusions of the study conducted under 

5 subsection (a). 

6 (2) CONTENTS.—The report submitted under 

7 paragraph (1) shall include recommendations for— 

8 (A) the best manner to incorporate vol9 untary community-based flood insurance poli10 cies into the National Flood Insurance Pro11 gram; and 

12 (B) a strategy to implement voluntary 

13 community-based flood insurance policies that 

14 would encourage communities to undertake 

15 flood mitigation activities, including the con16 struction, reconstruction, or improvement of 

17 levees, dams, or other flood control structures. 

18 (c) REPORT BY COMPTROLLER GENERAL.—Not later 

19 than 6 months after the date on which the Administrator 

20 submits the report required under subsection (b), the 

21 Comptroller General of the United States shall— 

22 (1) review the report submitted by the Adminis23 trator; and 

24 (2) submit to the Committee on Banking, 

25 Housing, and Urban Affairs of the Senate and the 


jbell on DSK7SPTVN1PROD with BILLS
6 

•S 996 IS

1 Committee on Financial Services of the House of 

2 Representatives a report that contains— 

3 (A) an analysis of the report submitted by 

4 the Administrator; 

5 (B) any comments or recommendations of 

6 the Comptroller General relating to the report 

7 submitted by the Administrator; and 

8 (C) any other recommendations of the 

9 Comptroller General relating to community10 based flood insurance policies. 

11 SEC. 5. AMENDMENTS TO NATIONAL FLOOD INSURANCE 

12 ACT OF 1968. 

13 (a) ADEQUATE PROGRESS ON CONSTRUCTION OF

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

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

16 4014(e)) is amended by inserting after the second sen17 tence the following: ‘‘Notwithstanding any other provision 

18 of law, in determining whether a community has made 

19 adequate progress on the construction, reconstruction, or 

20 improvement of a flood protection system, the Adminis21 trator shall not consider the level of Federal funding of 

22 or participation in the construction, reconstruction, or im23 provement.’’. 

24 (b) COMMUNITIES RESTORING DISACCREDITED

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


jbell on DSK7SPTVN1PROD with BILLS
7 

•S 996 IS

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

2 4014(f)) is amended in the first sentence by striking ‘‘no 

3 longer does so.’’ and inserting the following: ‘‘no longer 

4 does so, and shall apply without regard to the level of Fed5 eral funding of or participation in the construction, recon6 struction, or improvement of the flood protection system.’’. 

7 SEC. 6. AFFORDABILITY STUDY. 

8 Section 100236 of the Biggert-Waters Flood Insur9 ance Reform Act of 2012 (Public Law 112–141; 126 Stat. 

10 957) is amended— 

11 (1) in subsection (c), by striking ‘‘Not’’ and in12 serting the following: ‘‘Subject to subsection (e), 

13 not’’; 

14 (2) in subsection (d)— 

15 (A) by striking ‘‘Notwithstanding’’ and in16 serting the following: 

17 ‘‘(1) NATIONAL FLOOD INSURANCE FUND.— 

18 Notwithstanding’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(2) OTHER FUNDING SOURCES.—To carry out 

21 this section, in addition to the amount made avail22 able under paragraph (1), the Administrator may 

23 use any other amounts that are available to the Ad24 ministrator.’’; and 

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


jbell on DSK7SPTVN1PROD with BILLS
8 

•S 996 IS

1 ‘‘(e) ALTERNATIVE.—If the Administrator deter2 mines that the report required under subsection (c) cannot 

3 be submitted by the date specified under subsection (c)— 

4 ‘‘(1) the Administrator shall notify, not later 

5 than 60 days after the date of enactment of this 

6 subsection, the Committee on Banking, Housing, 

7 and Urban Affairs of the Senate and the Committee 

8 on Financial Services of the House of Representa9 tives of an alternative method of gathering the infor10 mation required under this section; 

11 ‘‘(2) the Administrator shall submit, not later 

12 than 180 days after the Administrator submits the 

13 notification required under paragraph (1), to the 

14 Committee on Banking, Housing, and Urban Affairs 

15 of the Senate and the Committee on Financial Serv16 ices of the House of Representatives the information 

17 gathered using the alternative method described in 

18 paragraph (1); and 

19 ‘‘(3) upon the submission of information re20 quired under paragraph (2), the requirement under 

21 subsection (c) shall be deemed satisfied.’’. 

22 SEC. 7. FACILITIES IN COASTAL HIGH HAZARD AREAS. 

23 (a) DEFINITIONS.—In this section— 


jbell on DSK7SPTVN1PROD with BILLS
9 

•S 996 IS

1 (1) the term ‘‘coastal high hazard area’’ has the 

2 same meaning as in section 9.4 of title 44, Code of 

3 Federal Regulations, or any successor thereto; 

4 (2) the term ‘‘eligible entity’’ means an entity 

5 that receives a contribution under section 406 of the 

6 Robert T. Stafford Disaster Relief and Emergency 

7 Assistance Act (42 U.S.C. 5172); 

8 (3) the term ‘‘essential to a community’s recov9 ery’’ means, with respect to a structure or facility, 

10 that the structure or facility is associated with the 

11 basic functions of a local government, including pub12 lic health and safety, education, law enforcement, 

13 fire protection, and other critical government oper14 ations; and 

15 (4) the term ‘‘major disaster’’ means a major 

16 disaster declared by the President under section 401 

17 of the Robert T. Stafford Disaster Relief and Emer18 gency Assistance Act (42 U.S.C. 5170). 

19 (b) REGULATIONS.— 

20 (1) SUBSTANTIAL IMPROVEMENTS.—Notwith21 standing section 9.4 of title 44, Code of Federal 

22 Regulations, an action relating to a structure or fa23 cility located in a coastal high hazard area for which 

24 an eligible entity received a contribution under sec25 tion 406 of the Robert T. Stafford Disaster Relief 


jbell on DSK7SPTVN1PROD with BILLS
10 

•S 996 IS

1 and Emergency Assistance Act (42 U.S.C. 5172) 

2 shall be deemed to be a ‘‘substantial improvement’’ 

3 for purposes of part 9 of title 44, Code of Federal 

4 Regulations, if— 

5 (A) the action involves the replacement of 

6 a structure or facility that— 

7 (i) was located in the coastal high 

8 hazard area before the incident that caused 

9 the structure or facility to be totally de10 stroyed; and 

11 (ii) is essential to a community’s re12 covery from a major disaster; 

13 (B) there is no practicable alternative to 

14 locating a replacement structure or facility in 

15 the coastal high hazard area; 

16 (C) the replacement structure or facility 

17 conforms to the most recent Flood Resistant 

18 Design and Construction standard issued by the 

19 American Society of Civil Engineers, or any 

20 more stringent standard approved by the Ad21 ministrator; and 

22 (D) the eligible entity develops evacuation 

23 and emergency response procedures to reduce 

24 the risk of loss of human life and operational 

25 disruption from a flood. 


jbell on DSK7SPTVN1PROD with BILLS
11 

•S 996 IS

1 (2) RELOCATION.— 

2 (A) RELOCATION REQUIRED.—The amend3 ments under paragraph (1) shall provide that if 

4 the Administrator determines that there is a 

5 practicable alternative to the original site of a 

6 structure or facility described in paragraph (1) 

7 that is outside the coastal high hazard area and 

8 that provides better protection against the flood 

9 hazard or other hazards associated with coastal 

10 high hazard areas, the replacement structure or 

11 facility shall be relocated to the alternative site. 

12 (B) RELOCATION.—If a replacement struc13 ture or facility is relocated under subparagraph 

14 (A), the original site for the destroyed structure 

15 or facility shall be deed restricted in conform16 ance with part 80 of title 44, Code of Federal 

17 Regulations. 

18 (C) NO RELOCATION.—If a replacement 

19 structure or facility is rebuilt at the same loca20 tion, the eligible entity shall set aside an alter21 native parcel of land in the coastal high hazard 

22 area of equal or greater size, to be deed re23 stricted in conformance with part 80 of title 44, 

24 Code of Federal Regulations, that the Adminis25 trator determines— 


jbell on DSK7SPTVN1PROD with BILLS
12 

•S 996 IS

1 (i) provides better protection against 

2 floods; or 

3 (ii) promotes the restoration of nat4 ural and beneficial functions of coastal 

5 floodplains, including protection to endan6 gered species, critical habitat, wetlands, or 

7 coastal uses. 

8 (3) APPLICABILITY.—This section shall apply 

9 with respect to any major disaster declared on or 

10 after the date of enactment of this Act. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS