I 

112TH CONGRESS 

1ST SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 1, 2011 

Mrs. BIGGERT (for herself, Ms. WATERS, Mr. DOLD, Mr. GARRETT, Mr. STIVERS, and Mrs. CAPITO) introduced the following bill; which was referred 

to the Committee on Financial Services 

A BILL 

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. 

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 ‘‘Flood Insurance Re5 form Act of 2011’’. 


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1 SEC. 2. EXTENSIONS. 

2 (a) EXTENSION OF PROGRAM.—Section 1319 of the 

3 National Flood Insurance Act of 1968 (42 U.S.C. 4026) 

4 is amended by striking ‘‘September 30, 2011’’ and insert5 ing ‘‘September 30, 2016’’. 

6 (b) EXTENSION OF FINANCING.—Section 1309(a) of 

7 such Act (42 U.S.C. 4016(a)) is amended by striking 

8 ‘‘September 30, 2011’’ and inserting ‘‘September 30, 

9 2016’’. 

10 SEC. 3. MANDATORY PURCHASE. 

11 (a) AUTHORITY TO TEMPORARILY SUSPEND MANDA12 TORY PURCHASE REQUIREMENT.— 

13 (1) IN GENERAL.—Section 102 of the Flood 

14 Disaster Protection Act of 1973 (42 U.S.C. 4012a) 

15 is amended by adding at the end the following new 

16 subsections: 

17 ‘‘(i) AUTHORITY TO TEMPORARILY SUSPEND MAN18 DATORY PURCHASE REQUIREMENT.— 

19 ‘‘(1) FINDING BY ADMINISTRATOR THAT AREA

20 IS AN ELIGIBLE AREA.—For any area, upon a re21 quest submitted to the Administrator by a local gov22 ernment authority having jurisdiction over any por23 tion of the area, the Administrator shall make a 

24 finding of whether the area is an eligible area under 

25 paragraph (3). If the Administrator finds that such 

26 area is an eligible area, the Administrator shall, in 


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1 the discretion of the Administrator, designate a pe2 riod during which such finding shall be effective, 

3 which shall not be longer in duration than 12 

4 months. 

5 ‘‘(2) SUSPENSION OF MANDATORY PURCHASE

6 REQUIREMENT.—If the Administrator makes a find7 ing under paragraph (1) that an area is an eligible 

8 area under paragraph (3), during the period speci9 fied in the finding, the designation of such eligible 

10 area as an area having special flood hazards shall 

11 not be effective for purposes of subsection (a), (b), 

12 and (e) of this section, and section 202(a) of this 

13 Act. Nothing in this paragraph may be construed to 

14 prevent any lender, servicer, regulated lending insti15 tution, Federal agency lender, the Federal National 

16 Mortgage Association, or the Federal Home Loan 

17 Mortgage Corporation, at the discretion of such enti18 ty, from requiring the purchase of flood insurance 

19 coverage in connection with the making, increasing, 

20 extending, or renewing of a loan secured by im21 proved real estate or a mobile home located or to be 

22 located in such eligible area during such period or 

23 a lender or servicer from purchasing coverage on be24 half of a borrower pursuant to subsection (e). 


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1 ‘‘(3) ELIGIBLE AREAS.—An eligible area under 

2 this paragraph is an area that is designated or will, 

3 pursuant to any issuance, revision, updating, or 

4 other change in flood insurance maps that takes ef5 fect on or after the date of the enactment of the 

6 Flood Insurance Reform Act of 2011, become des7 ignated as an area having special flood hazards and 

8 that meets any one of the following 3 requirements: 

9 ‘‘(A) AREAS WITH NO HISTORY OF SPE10 CIAL FLOOD HAZARDS.—The area does not in11 clude any area that has ever previously been 

12 designated as an area having special flood haz13 ards. 

14 ‘‘(B) AREAS WITH FLOOD PROTECTION

15 SYSTEMS UNDER IMPROVEMENTS.—The area 

16 was intended to be protected by a flood protec17 tion system— 

18 ‘‘(i) that has been decertified as pro19 viding protection for the 100-year fre20 quency flood standard; 

21 ‘‘(ii) that is being improved, con22 structed, or reconstructed; and 

23 ‘‘(iii) for which the Administrator has 

24 determined measurable progress toward 

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1 tion, reconstruction is being made and to2 ward securing financial commitments suffi3 cient to fund such completion. 

4 ‘‘(C) AREAS FOR WHICH APPEAL HAS

5 BEEN FILED.—An area for which a community 

6 has appealed— 

7 ‘‘(i) designation of the area as having 

8 special flood hazards in a timely manner 

9 under section 1363; or 

10 ‘‘(ii) any decertification or 

11 deaccreditation of a dam, levee, or other 

12 flood protection system or the level of pro13 tection afforded by a dam, levee, or sys14 tem. 

15 ‘‘(4) EXTENSION OF DELAY.—Upon a request 

16 submitted by a local government authority having 

17 jurisdiction over any portion of the eligible area, the 

18 Administrator may extend the period during which a 

19 finding under paragraph (1) shall be effective, ex20 cept that— 

21 ‘‘(A) each such extension under this para22 graph shall not be for a period exceeding 12 

23 months; and 

24 ‘‘(B) for any area, the cumulative number 

25 of such extensions may not exceed 2. 


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1 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in 

2 this subsection may be construed to affect the appli3 cability of a designation of any area as an area hav4 ing special flood hazards for purposes of the avail5 ability of flood insurance coverage, criteria for land 

6 management and use, notification of flood hazards, 

7 eligibility for mitigation assistance, or any other pur8 pose or provision not specifically referred to in para9 graph (2). 

10 ‘‘(6) REPORTS.—The Administrator shall, in 

11 each annual report submitted pursuant to section 

12 1320, include information identifying each finding 

13 under paragraph (1) by the Administrator during 

14 the preceding year that an area is an area having 

15 special flood hazards, the basis for each such find16 ing, any extensions pursuant to paragraph (4) of the 

17 periods of effectiveness of such findings, and the 

18 reasons for such extensions.’’. 

19 (2) NO REFUNDS.—Nothing in this subsection 

20 or the amendments made by this subsection may be 

21 construed to authorize or require any payment or re22 fund for flood insurance coverage purchased for any 

23 property that covered any period during which such 

24 coverage is not required for the property pursuant to 


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1 the applicability of the amendment made by para2 graph (1). 

3 (b) TERMINATION OF FORCE-PLACED INSURANCE.— 

4 Section 102(e) of the Flood Disaster Protection Act of 

5 1973 (42 U.S.C. 4012a(e)) is amended— 

6 (1) by redesignating paragraphs (3) and (4) as 

7 paragraphs (5) and 6), respectively; and 

8 (2) by adding inserting after paragraph (2) the 

9 following new paragraphs: 

10 ‘‘(3) TERMINATION OF FORCE-PLACED INSUR11 ANCE.—Within 30 days of receipt by the lender or 

12 servicer of a confirmation of a borrower’s existing 

13 flood insurance coverage, the lender or servicer 

14 shall— 

15 ‘‘(A) terminate the force-placed insurance; 

16 and 

17 ‘‘(B) refund to the borrower all force18 placed insurance premiums paid by the bor19 rower during any period during which the bor20 rower’s flood insurance coverage and the force21 placed flood insurance coverage were each in ef22 fect, and any related fees charged to the bor23 rower with respect to the force-placed insurance 

24 during such period. 


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1 ‘‘(4) SUFFICIENCY OF DEMONSTRATION.—For 

2 purposes of confirming a borrower’s existing flood 

3 insurance coverage, a lender or servicer for a loan 

4 shall accept from the borrower an insurance policy 

5 declarations page that includes the existing flood in6 surance policy number and the identity of, and con7 tact information for, the insurance company or 

8 agent.’’. 

9 SEC. 4. REFORMS OF COVERAGE TERMS. 

10 (a) MINIMUM DEDUCTIBLES FOR CLAIMS.—Section 

11 1312 of the National Flood Insurance Act of 1968 (42 

12 U.S.C. 4019) is amended— 

13 (1) by striking ‘‘The Director is’’ and inserting 

14 the following: ‘‘(a) IN GENERAL.—The Adminis15 trator is’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(b) MINIMUM ANNUAL DEDUCTIBLES.— 

18 ‘‘(1) SUBSIDIZED RATE PROPERTIES.—For any 

19 structure that is covered by flood insurance under 

20 this title, and for which the chargeable rate for such 

21 coverage is less than the applicable estimated risk 

22 premium rate under section 1307(a)(1) for the area 

23 (or subdivision thereof) in which such structure is 

24 located, the minimum annual deductible for damage 

25 to or loss of such structure shall be $2,000. 


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1 ‘‘(2) ACTUARIAL RATE PROPERTIES.—For any 

2 structure that is covered by flood insurance under 

3 this title, for which the chargeable rate for such cov4 erage is not less than the applicable estimated risk 

5 premium rate under section 1307(a)(1) for the area 

6 (or subdivision thereof) in which such structure is 

7 located, the minimum annual deductible for damage 

8 to or loss of such structure shall be $1,000.’’. 

9 (b) INDEXING OF MAXIMUM COVERAGE LIMITS.— 

10 Subsection (b) of section 1306 of the National Flood In11 surance Act of 1968 (42 U.S.C. 4013(b)) is amended— 

12 (1) in paragraph (4), by striking ‘‘and’’ at the 

13 end; 

14 (2) in paragraph (5), by striking the period at 

15 the end and inserting ‘‘; and’’; 

16 (3) by redesignating paragraph (5) as para17 graph (7); and 

18 (4) by adding at the end the following new 

19 paragraph: 

20 ‘‘(8) each of the dollar amount limitations 

21 under paragraphs (2), (3), (4), (5), and (6) shall be 

22 adjusted effective January 1 of each year (com23 mencing in 2012), such adjustments shall be cal24 culated using the percentage change in such infla25 tionary index as the Administrator shall, by regulaVerDate Mar 15 2010 04:51 Apr 02, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1309.IH H1309

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1 tion, specify, and the dollar amount of any such ad2 justment shall be rounded to the next lower dollar; 

3 and the Administrator shall cause to be published in 

4 the Federal Register any adjustments under this 

5 paragraph to such dollar amount limitations.’’. 

6 (c) OPTIONAL COVERAGE FOR LOSS OF USE OF PER7 SONAL RESIDENCE AND BUSINESS INTERRUPTION.—Sub8 section (b) of section 1306 of the National Flood Insur9 ance Act of 1968 (42 U.S.C. 4013(b)), as amended by 

10 the preceding provisions of this section, is further amend11 ed by inserting after paragraph (4) the following new 

12 paragraphs: 

13 ‘‘(5) the Administrator may provide that, in the 

14 case of any residential property, each renewal or new 

15 contract for flood insurance coverage may provide 

16 not more than $5,000 aggregate liability per dwell17 ing unit for any necessary increases in living ex18 penses incurred by the insured when losses from a 

19 flood make the residence unfit to live in, except 

20 that— 

21 ‘‘(A) purchase of such coverage shall be at 

22 the option of the insured; 

23 ‘‘(B) any such coverage shall be made 

24 available only at chargeable rates that are not 

25 less than the estimated premium rates for such 


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1 coverage determined in accordance with section 

2 1307(a)(1); and 

3 ‘‘(C) the Administrator may make such 

4 coverage available only if the Administrator 

5 makes a determination and causes notice of 

6 such determination to be published in the Fed7 eral Register that— 

8 ‘‘(i) a competitive private insurance 

9 market for such coverage does not exist; 

10 and 

11 ‘‘(ii) the national flood insurance pro12 gram has the capacity to make such cov13 erage available without borrowing funds 

14 from the Secretary of the Treasury under 

15 section 1309 or otherwise; 

16 ‘‘(6) the Administrator may provide that, in the 

17 case of any commercial property or other residential 

18 property, including multifamily rental property, cov19 erage for losses resulting from any partial or total 

20 interruption of the insured’s business caused by 

21 damage to, or loss of, such property from a flood 

22 may be made available to every insured upon re23 newal and every applicant, up to a total amount of 

24 $20,000 per property, except that— 


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1 ‘‘(A) purchase of such coverage shall be at 

2 the option of the insured; 

3 ‘‘(B) any such coverage shall be made 

4 available only at chargeable rates that are not 

5 less than the estimated premium rates for such 

6 coverage determined in accordance with section 

7 1307(a)(1); and 

8 ‘‘(C) the Administrator may make such 

9 coverage available only if the Administrator 

10 makes a determination and causes notice of 

11 such determination to be published in the Fed12 eral Register that— 

13 ‘‘(i) a competitive private insurance 

14 market for such coverage does not exist; 

15 and 

16 ‘‘(ii) the national flood insurance pro17 gram has the capacity to make such cov18 erage available without borrowing funds 

19 from the Secretary of the Treasury under 

20 section 1309 or otherwise;’’. 

21 (d) PAYMENT OF PREMIUMS IN INSTALLMENTS FOR

22 RESIDENTIAL PROPERTIES.—Section 1306 of the Na23 tional Flood Insurance Act of 1968 (42 U.S.C. 4013) is 

24 amended by adding at the end the following new sub25 section: 


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1 ‘‘(d) PAYMENT OF PREMIUMS IN INSTALLMENTS FOR

2 RESIDENTIAL PROPERTIES.— 

3 ‘‘(1) AUTHORITY.—In addition to any other 

4 terms and conditions under subsection (a), such reg5 ulations shall provide that, in the case of any resi6 dential property, premiums for flood insurance cov7 erage made available under this title for such prop8 erty may be paid in quarterly installments. 

9 ‘‘(2) LIMITATIONS.—In implementing the au10 thority under paragraph (1), the Administrator may 

11 establish increased chargeable premium rates and 

12 surcharges, and deny coverage and establish such 

13 other sanctions, as the Administrator considers nec14 essary to ensure that insureds purchase, pay for, 

15 and maintain coverage for the full term of a contract 

16 for flood insurance coverage and to prevent insureds 

17 from purchasing coverage only for periods during a 

18 year when risk of flooding is comparatively higher or 

19 canceling coverage for periods when such risk is 

20 comparatively lower.’’. 

21 SEC. 5. REFORMS OF PREMIUM RATES. 

22 (a) INCREASE IN ANNUAL LIMITATION ON PREMIUM

23 INCREASES.—Section 1308(e) of the National Flood In24 surance Act of 1968 (42 U.S.C. 4015(e)) is amended by 

25 striking ‘‘10 percent’’ and inserting ‘‘20 percent’’. 


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1 (b) PHASE-IN OF RATES FOR NEWLY MAPPED

2 AREAS.— 

3 (1) IN GENERAL.—Section 1308 of the Na4 tional Flood Insurance Act of 1968 (42 U.S.C. 

5 4015) is amended— 

6 (A) in subsection (a), in the matter pre7 ceding paragraph (1), by inserting ‘‘or notice’’ 

8 after ‘‘prescribe by regulation’’; 

9 (B) in subsection (c), by inserting ‘‘and 

10 subsection (g)’’ before the first comma; and 

11 (C) by adding at the end the following new 

12 subsection: 

13 ‘‘(g) 5-YEAR PHASE-IN OF FLOOD INSURANCE

14 RATES FOR NEWLY MAPPED AREAS.— 

15 ‘‘(1) 50 PERCENT RATE FOR INITIAL YEAR.— 

16 Notwithstanding subsection (c) or any other provi17 sion of law relating to chargeable risk premium rates 

18 for flood insurance coverage under this title, in the 

19 case of any area that was not previously designated 

20 as an area having special flood hazards and that, 

21 pursuant to any issuance, revision, updating, or 

22 other change in flood insurance maps, becomes des23 ignated as such an area, during the 12-month period 

24 that begins upon the date that such maps, as issued, 

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1 tive, the chargeable premium rate for flood insur2 ance under this title with respect to any property 

3 that is located within such area shall be 50 percent 

4 of the chargeable risk premium rate otherwise appli5 cable under this title to the property. 

6 ‘‘(2) PHASE-IN OF FULL ACTUARIAL RATES.— 

7 With respect to any area described in paragraph (1), 

8 upon the expiration of the 12-month period under 

9 paragraph (1) for such area, the Administrator shall 

10 increase the chargeable risk premium rates for flood 

11 insurance under this title for properties in such area 

12 by 20 percent, and by 20 percent upon the expira13 tion of each successive 12-month period thereafter 

14 until the chargeable risk premium rates comply with 

15 subsection (c).’’. 

16 (2) REGULATION OR NOTICE.—The Adminis17 trator of the Federal Emergency Management Agen18 cy shall issue an interim final rule or notice to im19 plement this subsection and the amendments made 

20 by this subsection as soon as practicable after the 

21 date of the enactment of this Act. 

22 (c) PHASE-IN OF ACTUARIAL RATES FOR CERTAIN

23 PROPERTIES.— 


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1 (1) IN GENERAL.—Section 1308(c) of the Na2 tional Flood Insurance Act of 1968 (42 U.S.C. 

3 4015(c)) is amended— 

4 (A) by redesignating paragraph (2) as 

5 paragraph (7); and 

6 (B) by inserting after paragraph (1) the 

7 following new paragraphs: 

8 ‘‘(2) COMMERCIAL PROPERTIES.—Any nonresi9 dential property. 

10 ‘‘(3) SECOND HOMES AND VACATION HOMES.— 

11 Any residential property that is not the primary res12 idence of any individual. 

13 ‘‘(4) HOMES SOLD TO NEW OWNERS.—Any sin14 gle family property that— 

15 ‘‘(A) has been constructed or substantially 

16 improved and for which such construction or 

17 improvement was started, as determined by the 

18 Administrator, before December 31, 1974, or 

19 before the effective date of the initial rate map 

20 published by the Administrator under para21 graph (2) of section 1360(a) for the area in 

22 which such property is located, whichever is 

23 later; and 

24 ‘‘(B) is purchased after the effective date 

25 of this paragraph, pursuant to section 


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1 5(c)(3)(A) of the Flood Insurance Reform Act 

2 of 2011. 

3 ‘‘(5) HOMES DAMAGED OR IMPROVED.—Any 

4 property that, on or after the date of the enactment 

5 of the Flood Insurance Reform Act of 2011, has ex6 perienced or sustained— 

7 ‘‘(A) substantial damage exceeding 50 per8 cent of the fair market value of such property; 

9 or 

10 ‘‘(B) substantial improvement exceeding 

11 30 percent of the fair market value of such 

12 property. 

13 ‘‘(6) HOMES WITH MULTIPLE CLAIMS.—Any se14 vere repetitive loss property (as such term is defined 

15 in section 1361A(b)).’’. 

16 (2) TECHNICAL AMENDMENTS.—Section 1308 

17 of the National Flood Insurance Act of 1968 (42 

18 U.S.C. 4015) is amended— 

19 (A) in subsection (c)— 

20 (i) in the matter preceding paragraph 

21 (1), by striking ‘‘the limitations provided 

22 under paragraphs (1) and (2)’’ and insert23 ing ‘‘subsection (e)’’; and 


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1 (ii) in paragraph (1), by striking ‘‘, 

2 except’’ and all that follows through ‘‘sub3 section (e)’’; and 

4 (B) in subsection (e), by striking ‘‘para5 graph (2) or (3)’’ and inserting ‘‘paragraph 

6 (7)’’. 

7 (3) EFFECTIVE DATE AND TRANSITION.— 

8 (A) EFFECTIVE DATE.—The amendments 

9 made by paragraphs (1) and (2) shall apply be10 ginning upon the expiration of the 12-month 

11 period that begins on the date of the enactment 

12 of this Act, except as provided in subparagraph 

13 (B) of this paragraph. 

14 (B) TRANSITION FOR PROPERTIES COV15 ERED BY FLOOD INSURANCE UPON EFFECTIVE

16 DATE.— 

17 (i) INCREASE OF RATES OVER TIME.— 

18 In the case of any property described in 

19 paragraph (2), (3), (4), (5), or (6) of sec20 tion 1308(c) of the National Flood Insur21 ance Act of 1968, as amended by para22 graph (1) of this subsection, that, as of the 

23 effective date under subparagraph (A) of 

24 this paragraph, is covered under a policy 

25 for flood insurance made available under 


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1 the national flood insurance program for 

2 which the chargeable premium rates are 

3 less than the applicable estimated risk pre4 mium rate under section 1307(a)(1) of 

5 such Act for the area in which the prop6 erty is located, the Administrator of the 

7 Federal Emergency Management Agency 

8 shall increase the chargeable premium 

9 rates for such property over time to such 

10 applicable estimated risk premium rate 

11 under section 1307(a)(1). 

12 (ii) AMOUNT OF ANNUAL INCREASE.— 

13 Such increase shall be made by increasing 

14 the chargeable premium rates for the prop15 erty (after application of any increase in 

16 the premium rates otherwise applicable to 

17 such property), once during the 12-month 

18 period that begins upon the effective date 

19 under subparagraph (A) of this paragraph 

20 and once every 12 months thereafter until 

21 such increase is accomplished, by 20 per22 cent (or such lesser amount as may be nec23 essary so that the chargeable rate does not 

24 exceed such applicable estimated risk pre25 mium rate or to comply with clause (iii)). 


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1 (iii) PROPERTIES SUBJECT TO PHASE2 IN AND ANNUAL INCREASES.—In the case 

3 of any pre-FIRM property (as such term is 

4 defined in section 578(b) of the National 

5 Flood Insurance Reform Act of 1974), the 

6 aggregate increase, during any 12-month 

7 period, in the chargeable premium rate for 

8 the property that is attributable to this 

9 subparagraph or to an increase described 

10 in section 1308(e) of the National Flood 

11 Insurance Act of 1968 may not exceed 20 

12 percent. 

13 (iv) FULL ACTUARIAL RATES.—The 

14 provisions of paragraphs (2), (3), (4), (5), 

15 and (6) of such section 1308(c) shall apply 

16 to such a property upon the accomplish17 ment of the increase under this subpara18 graph and thereafter. 

19 (d) PROHIBITION OF EXTENSION OF SUBSIDIZED

20 RATES TO LAPSED POLICIES.—Section 1308 of the Na21 tional Flood Insurance Act of 1968 (42 U.S.C. 4015), as 

22 amended by the preceding provisions of this Act, is further 

23 amended— 

24 (1) in subsection (e), by inserting ‘‘or sub25 section (h)’’ after ‘‘subsection (c)’’; 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(h) PROHIBITION OF EXTENSION OF SUBSIDIZED

4 RATES TO LAPSED POLICIES.—Notwithstanding any 

5 other provision of law relating to chargeable risk premium 

6 rates for flood insurance coverage under this title, the Ad7 ministrator shall not provide flood insurance coverage 

8 under this title for any property for which a policy for 

9 such coverage for the property has previously lapsed in 

10 coverage as a result of the deliberate choice of the holder 

11 of such policy, at a rate less than the applicable estimated 

12 risk premium rates for the area (or subdivision thereof) 

13 in which such property is located.’’. 

14 (e) RECOGNITION OF STATE AND LOCAL FUNDING

15 FOR CONSTRUCTION, RECONSTRUCTION, AND IMPROVE16 MENT OF FLOOD PROTECTION SYSTEMS IN DETERMINA17 TION OF RATES.— 

18 (1) IN GENERAL.—Section 1307 of the Na19 tional Flood Insurance Act of 1968 (42 U.S.C. 

20 4014) is amended— 

21 (A) in subsection (e)— 

22 (i) in the first sentence, by striking 

23 ‘‘construction of a flood protection system’’ 

24 and inserting ‘‘construction, reconstruc25 tion, or improvement of a flood protection 


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1 system (without respect to the level of Fed2 eral investment or participation)’’; and 

3 (ii) in the second sentence— 

4 (I) by striking ‘‘construction of a 

5 flood protection system’’ and inserting 

6 ‘‘construction, reconstruction, or im7 provement of a flood protection sys8 tem’’; and 

9 (II) by inserting ‘‘based on the 

10 present value of the completed sys11 tem’’ after ‘‘has been expended’’; and 

12 (B) in subsection (f)— 

13 (i) in the first sentence in the matter 

14 preceding paragraph (1), by inserting 

15 ‘‘(without respect to the level of Federal 

16 investment or participation)’’ before the 

17 period at the end; 

18 (ii) in the third sentence in the matter 

19 preceding paragraph (1), by inserting ‘‘, 

20 whether coastal or riverine,’’ after ‘‘special 

21 flood hazard’’; and 

22 (iii) in paragraph (1), by striking ‘‘a 

23 Federal agency in consultation with the 

24 local project sponsor’’ and inserting ‘‘the 


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1 entity or entities that own, operate, main2 tain, or repair such system’’. 

3 (2) REGULATIONS.—The Administrator of the 

4 Federal Emergency Management Agency shall pro5 mulgate regulations to implement this subsection 

6 and the amendments made by this subsection as 

7 soon as practicable, but not more than 18 months 

8 after the date of the enactment of this Act. Para9 graph (3) may not be construed to annul, alter, af10 fect, authorize any waiver of, or establish any excep11 tion to, the requirement under the preceding sen12 tence. 

13 SEC. 6. TECHNICAL MAPPING ADVISORY COUNCIL. 

14 (a) ESTABLISHMENT.—There is established a council 

15 to be known as the Technical Mapping Advisory Council 

16 (in this section referred to as the ‘‘Council’’). 

17 (b) MEMBERSHIP.— 

18 (1) IN GENERAL.—The Council shall consist 

19 of— 

20 (A) the Administrator of the Federal 

21 Emergency Management Agency (in this section 

22 referred to as the ‘‘Administrator’’), or the des23 ignee thereof; 


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1 (B) the Director of the United States Geo2 logical Survey of the Department of the Inte3 rior, or the designee thereof; 

4 (C) the Under Secretary of Commerce for 

5 Oceans and Atmosphere, or the designee there6 of; 

7 (D) the commanding officer of the United 

8 States Army Corps of Engineers, or the des9 ignee thereof; 

10 (E) the chief of the Natural Resources 

11 Conservation Service of the Department of Ag12 riculture, or the designee thereof; 

13 (F) the Director of the United States Fish 

14 and Wildlife Service of the Department of the 

15 Interior, or the designee thereof; 

16 (G) the Assistant Administrator for Fish17 eries of the National Oceanic and Atmospheric 

18 Administration of the Department of Com19 merce, or the designee thereof; and 

20 (H) 9 additional members to be appointed 

21 by the Administrator of the Federal Emergency 

22 Management Agency, who shall be— 

23 (i) an expert in data management; 

24 (ii) an expert in real estate; 

25 (iii) an expert in insurance; 


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1 (iv) a member of a recognized regional 

2 flood and storm water management organi3 zation; 

4 (v) a representative of a State emer5 gency management agency or association 

6 or organization for such agencies; 

7 (vi) a member of a recognized profes8 sional surveying association or organiza9 tion; 

10 (vii) a member of a recognized profes11 sional mapping association or organization; 

12 (viii) a member of a recognized pro13 fessional engineering association or organi14 zation; and 

15 (ix) a member of a recognized profes16 sional association or organization rep17 resenting flood hazard determination firms. 

18 (2) QUALIFICATIONS.—Members of the Council 

19 shall be appointed based on their demonstrated 

20 knowledge and competence regarding surveying, car21 tography, remote sensing, geographic information 

22 systems, or the technical aspects of preparing and 

23 using flood insurance rate maps. In appointing 

24 members under paragraph (1)(I), the Administrator 

25 shall ensure that the membership of the Council has 


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1 a balance of Federal, State, local, and private mem2 bers. 

3 (c) DUTIES.— 

4 (1) NEW MAPPING STANDARDS.—Not later than 

5 the expiration of the 12-month period beginning 

6 upon the date of the enactment of this Act, the 

7 Council shall develop and submit to the Adminis8 trator and the Congress proposed new mapping 

9 standards for 100-year flood insurance rate maps 

10 used under the national flood insurance program 

11 under the National Flood Insurance Act of 1968. In 

12 developing such proposed standards the Council 

13 shall— 

14 (A) ensure that the flood insurance rate 

15 maps reflect true risk, including graduated risk 

16 that better reflects risk to each property; such 

17 reflection of risk should be at the smallest geo18 graphic level possible (but not necessarily prop19 erty-by-property) to ensure that communities 

20 are mapped in a manner that takes into consid21 eration different risk levels within the commu22 nity; 

23 (B) ensure that flood insurance rate maps 

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1 corporate the most current and accurate ground 

2 elevation data; 

3 (C) determine the best ways to include in 

4 such flood insurance rate maps levees, decerti5 fied levees, and areas located below dams, in6 cluding determining a methodology for ensuring 

7 that decertified levees and other protections are 

8 included in flood insurance rate maps and their 

9 corresponding flood zones reflect the level of 

10 protection conferred; 

11 (D) consider how to incorporate restored 

12 wetlands and other natural buffers into flood 

13 insurance rate maps, which may include wet14 lands, groundwater recharge areas, erosion 

15 zones, meander belts, endangered species habi16 tat, barrier islands and shoreline buffer fea17 tures, riparian forests, and other features; 

18 (E) ensure that flood insurance rate maps 

19 take into consideration the best scientific data 

20 and potential future conditions (including pro21 jections for sea level rise); and 

22 (F) consider how to incorporate the new 

23 standards proposed pursuant to this paragraph 

24 in existing mapping efforts. 


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1 (2) ONGOING DUTIES.—The Council shall, on 

2 an ongoing basis, review the mapping protocols de3 veloped pursuant to paragraph (1), and make rec4 ommendations to the Administrator when the Coun5 cil determines that mapping protocols should be al6 tered. 

7 (3) MEETINGS.—In carrying out its duties 

8 under this section, the Council shall consult with 

9 stakeholders through at least 4 public meetings an10 nually, and shall seek input of all stakeholder inter11 ests including State and local representatives, envi12 ronmental and conservation organizations, insurance 

13 industry representatives, advocacy groups, planning 

14 organizations, and mapping organizations. 

15 (d) PROHIBITION ON COMPENSATION.—Members of 

16 the Council shall receive no additional compensation by 

17 reason of their service on the Council. 

18 (e) CHAIRPERSON.—The Administrator shall serve as 

19 the Chairperson of the Council. 

20 (f) STAFF.— 

21 (1) FEMA.—Upon the request of the Council, 

22 the Administrator may detail, on a nonreimbursable 

23 basis, personnel of the Federal Emergency Manage24 ment Agency to assist the Council in carrying out its 

25 duties. 


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1 (2) OTHER FEDERAL AGENCIES.—Upon request 

2 of the Council, any other Federal agency that is a 

3 member of the Council may detail, on a non-reim4 bursable basis, personnel to assist the Council in 

5 carrying out its duties. 

6 (g) POWERS.—In carrying out this section, the Coun7 cil may hold hearings, receive evidence and assistance, pro8 vide information, and conduct research, as the Council 

9 considers appropriate. 

10 (h) TERMINATION.—The Council shall terminate 

11 upon the expiration of the 5-year period beginning on the 

12 date of the enactment of this Act. 

13 SEC. 7. FEMA INCORPORATION OF NEW MAPPING PROTO14 COLS. 

15 (a) NEW RATE MAPPING STANDARDS.—Not later 

16 than the expiration of the 6-month period beginning upon 

17 submission by the Technical Mapping Advisory Council 

18 under section 6 of the proposed new mapping standards 

19 for flood insurance rate maps used under the national 

20 flood insurance program developed by the Council pursu21 ant to section 6(c), the Administrator of the Federal 

22 Emergency Management Agency (in this section referred 

23 to as the ‘‘Administrator’’) shall establish new standards 

24 for such rate maps based on such proposed new standards 

25 and the recommendations of the Council. 


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1 (b) REQUIREMENTS.—The new standards for flood 

2 insurance rate maps established by the Administrator pur3 suant to subsection (a) shall— 

4 (1) delineate and include in any such rate 

5 maps— 

6 (A) all areas located within the 100-year 

7 flood plain; 

8 (B) all areas located within the 250-year 

9 floodplain; 

10 (C) areas of residual risk, including areas 

11 behind levees, dams, and other man-made struc12 tures; and 

13 (D) areas subject to graduated and other 

14 risk levels, to the maximum extent possible; 

15 (2) ensure that any such rate maps— 

16 (A) include levees, including decertified lev17 ees, and the level of protection they confer; 

18 (B) reflect current land use and topog19 raphy and incorporate the most current and ac20 curate ground level data; 

21 (C) take into consideration the impacts 

22 and use of fill and the flood risks associated 

23 with altered hydrology; 


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1 (D) identify and incorporate natural fea2 tures and their associated flood protection bene3 fits into mapping and rates; and 

4 (E) identify, analyze, and incorporate the 

5 impact of significant changes to building and 

6 development throughout any river or costal 

7 water system, including all tributaries, which 

8 may impact flooding in areas downstream; and 

9 (3) provide that such rate maps are developed 

10 on a watershed basis. 

11 (c) REPORT.—If, in establishing new standards for 

12 flood insurance rate maps pursuant to subsection (a) of 

13 this section, the Administrator does not implement all of 

14 the recommendations of the Council made under the pro15 posed new mapping standards developed by the Council 

16 pursuant to section 6(c), upon establishment of the new 

17 standards the Administrator shall submit a report to the 

18 Committee on Financial Services of the House of Rep19 resentatives and the Committee on Banking, Housing, and 

20 Urban Affairs of the Senate specifying which such rec21 ommendations were not adopted and explaining the rea22 sons such recommendations were not adopted. 

23 (d) IMPLEMENTATION.—The Administrator shall, not 

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1 ance rate maps pursuant to subsection (a) of this section, 

2 commence use of the new standards and updating of flood 

3 insurance rate maps in accordance with the new stand4 ards. Not later than the expiration of the 5-year period 

5 beginning upon the establishment of such new standards, 

6 the Administrator shall complete updating of all flood in7 surance rate maps in accordance with the new standards, 

8 subject to the availability of sufficient amounts for such 

9 activities provided in appropriation Acts. 

10 SEC. 8. PRIVATIZATION INITIATIVES. 

11 (a) FEMA AND GAO REPORTS.—Not later than the 

12 expiration of the 18-month period beginning on the date 

13 of the enactment of this Act, the Administrator of the 

14 Federal Emergency Management Agency and the Comp15 troller General of the United States shall each conduct a 

16 separate study to assess a broad range of options, meth17 ods, and strategies for privatizing the national flood insur18 ance program and shall each submit a report to the Com19 mittee on Financial Services of the House of Representa20 tives and the Committee on Banking, Housing, and Urban 

21 Affairs of the Senate with recommendations for the best 

22 manner to accomplish such privatization. 

23 (b) PRIVATE RISK-MANAGEMENT INITIATIVES.— 

24 (1) AUTHORITY.—The Administrator of the 

25 Federal Emergency Management Agency may carry 


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1 out such private risk-management initiatives under 

2 the national flood insurance program as the Admin3 istrator considers appropriate to determine the ca4 pacity of private insurers, reinsurers, and financial 

5 markets to assist communities, on a voluntary basis 

6 only, in managing the full range of financial risks 

7 associated with flooding. 

8 (2) ASSESSMENT.—Not later than the expira9 tion of the 6-month period beginning on the date of 

10 the enactment of this Act, the Administrator shall 

11 assess the capacity of the private reinsurance, cap12 ital, and financial markets by seeking proposals to 

13 assume a portion of the program’s insurance risk 

14 and submit to the Congress a report describing the 

15 response to such request for proposals and the re16 sults of such assessment. 

17 (c) REINSURANCE.—The National Flood Insurance 

18 Act of 1968 is amended— 

19 (1) in section 1331(a)(2) (42 U.S.C. 

20 4051(a)(2)), by inserting ‘‘, including as reinsurance 

21 of insurance coverage provided by the flood insur22 ance program’’ before ‘‘, on such terms’’; 

23 (2) in section 1332(c)(2) (42 U.S.C. 

24 4052(c)(2)), by inserting ‘‘or reinsurance’’ after 

25 ‘‘flood insurance coverage’’; 


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1 (3) in section 1335(a) (42 U.S.C. 4055(a))— 

2 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

3 (B) by adding at the end the following new 

4 paragraph: 

5 ‘‘(2) The Director is authorized to secure reinsurance 

6 coverage of coverage provided by the flood insurance pro7 gram from private market insurance, reinsurance, and 

8 capital market sources at rates and on terms determined 

9 by the Director to be reasonable and appropriate in an 

10 amount sufficient to maintain the ability of the program 

11 to pay claims and that minimizes the likelihood that the 

12 program will utilize the borrowing authority provided 

13 under section 1309.’’; 

14 (4) in section 1346(a) (12 U.S.C. 4082(a))— 

15 (A) in the matter preceding paragraph (1), 

16 by inserting ‘‘, or for purposes of securing rein17 surance of insurance coverage provided by the 

18 program,’’ before ‘‘of any or all of’’; 

19 (B) in paragraph (1)— 

20 (i) by striking ‘‘estimating’’ and in21 serting ‘‘Estimating’’; and 

22 (ii) by striking the semicolon at the 

23 end and inserting a period; 

24 (C) in paragraph (2)— 


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1 (i) by striking ‘‘receiving’’ and insert2 ing ‘‘Receiving’’; and 

3 (ii) by striking the semicolon at the 

4 end and inserting a period; 

5 (D) in paragraph (3)— 

6 (i) by striking ‘‘making’’ and inserting 

7 ‘‘Making’’; and 

8 (ii) by striking ‘‘; and’’ and inserting 

9 a period; 

10 (E) in paragraph (4)— 

11 (i) by striking ‘‘otherwise’’ and insert12 ing ‘‘Otherwise’’; and 

13 (ii) by redesignating such paragraph 

14 as paragraph (5); and 

15 (F) by inserting after paragraph (3) the 

16 following new paragraph: 

17 ‘‘(4) Placing reinsurance coverage on insurance 

18 provided by such program.’’; and 

19 (5) in section 1370(a)(3) (42 U.S.C. 

20 4121(a)(3)), by inserting before the semicolon at the 

21 end the following: ‘‘, is subject to the reporting re22 quirements of the Securities Exchange Act of 1934, 

23 pursuant to section 13(a) or 15(d) of such Act (15 

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1 rector to assume reinsurance on risks insured by the 

2 flood insurance program’’. 

3 SEC. 9. FEMA ANNUAL REPORT ON INSURANCE PROGRAM. 

4 Section 1320 of the National Flood Insurance Act of 

5 1968 (42 U.S.C. 4027) is amended— 

6 (1) in the section heading, by striking ‘‘REPORT

7 TO THE PRESIDENT’’ and inserting ‘‘ANNUAL RE8 PORT TO CONGRESS’’; 

9 (2) in subsection (a)— 

10 (A) by striking ‘‘biennially’’; 

11 (B) by striking ‘‘the President for submis12 sion to’’; and 

13 (C) by inserting ‘‘not later than June 30 

14 of each year’’ before the period at the end; 

15 (3) in subsection (b), by striking ‘‘biennial’’ and 

16 inserting ‘‘annual’’; and 

17 (4) by adding at the end the following new sub18 section: 

19 ‘‘(c) FINANCIAL STATUS OF PROGRAM.—The report 

20 under this section for each year shall include information 

21 regarding the financial status of the national flood insur22 ance program under this title, including a description of 

23 the financial status of the National Flood Insurance Fund 

24 and current and projected levels of claims, premium re25 ceipts, expenses, and borrowing under the program.’’. 


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1 SEC. 10. MITIGATION ASSISTANCE. 

2 Subsection (e) of section 1366 of the National Flood 

3 Insurance Act of 1968 (42 U.S.C. 4104c(e)) is amended 

4 by adding at the end the following new paragraph: 

5 ‘‘(6) ELIGIBILITY OF DEMOLITION AND RE6 BUILDING OF PROPERTIES.—The Administrator 

7 shall consider as an eligible activity the demolition 

8 and rebuilding of properties to at least base flood 

9 levels or higher, if required by the Administrator or 

10 if required by any State or local ordinance, and in 

11 accordance with project implementation criteria es12 tablished by the Administrator.’’. 

13 SEC. 11. TECHNICAL CORRECTIONS. 

14 (a) FLOOD DISASTER PROTECTION ACT OF 1973.— 

15 The Flood Disaster Protection Act of 1973 (42 U.S.C. 

16 4002 et seq.) is amended— 

17 (1) by striking ‘‘Director’’ each place such term 

18 appears, except in section 102(f)(3) (42 U.S.C. 

19 4012a(f)(3)), and inserting ‘‘Administrator’’; and 

20 (2) in section 201(b) (42 U.S.C. 4105(b)), by 

21 striking ‘‘Director’s’’ and inserting ‘‘Administra22 tor’s’’. 

23 (b) NATIONAL FLOOD INSURANCE ACT OF 1968.— 

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

25 4001 et seq.) is amended— 


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1 (1) by striking ‘‘Director’’ each place such term 

2 appears and inserting ‘‘Administrator’’; and 

3 (2) in sections 1363 (42 U.S.C. 4104), by strik4 ing ‘‘Director’s’’ each place such term appears and 

5 inserting ‘‘Administrator’s’’. 

6 (c) FEDERAL FLOOD INSURANCE ACT OF 1956.— 

7 Section 15(e) of the Federal Flood Insurance Act of 1956 

8 (42 U.S.C. 2414(e)) is amended by striking ‘‘Director’’ 

9 each place such term appears and inserting ‘‘Adminis10 trator’’. 

11 SEC. 12. COMMUNITY BUILDING CODE ADMINISTRATION 

12 GRANTS. 

13 Section 105(a) of the Housing and Community De14 velopment Act of 1974 (42 U.S.C. 5305(a)) is amended— 

15 (1) in paragraph (24), by striking ‘‘and’’ at the 

16 end; 

17 (2) in paragraph (25), by striking the period at 

18 the end and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following new 

20 paragraph: 

21 ‘‘(26) to supplement existing State or local 

22 funding for administration of building code enforce23 ment by local building code enforcement depart24 ments, including for increasing staffing, providing 

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1 fessional qualifications, and supporting individual 

2 certification or departmental accreditation, and for 

3 capital expenditures specifically dedicated to the ad4 ministration of the building code enforcement de5 partment, except that, to be eligible to use amounts 

6 as provided in this paragraph— 

7 ‘‘(A) a building code enforcement depart8 ment shall provide matching, non-Federal funds 

9 to be used in conjunction with amounts used 

10 under this paragraph in an amount— 

11 ‘‘(i) in the case of a building code en12 forcement department serving an area with 

13 a population of more than 50,000, equal to 

14 not less than 50 percent of the total 

15 amount of any funds made available under 

16 this title that are used under this para17 graph; 

18 ‘‘(ii) in the case of a building code en19 forcement department serving an area with 

20 a population of between 20,001 and 

21 50,000, equal to not less than 25 percent 

22 of the total amount of any funds made 

23 available under this title that are used 

24 under this paragraph; and 


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1 ‘‘(iii) in the case of a building code 

2 enforcement department serving an area 

3 with a population of less than 20,000, 

4 equal to not less than 12.5 percent of the 

5 total amount of any funds made available 

6 under this title that are used under this 

7 paragraph; 

8 except that the Secretary may waive the match9 ing fund requirements under this subparagraph, 

10 in whole or in part, based upon the level of eco11 nomic distress of the jurisdiction in which is lo12 cated the local building code enforcement de13 partment that is using amounts for purposes 

14 under this paragraph, and shall waive such 

15 matching fund requirements in whole for any 

16 recipient jurisdiction that has dedicated all 

17 building code permitting fees to the conduct of 

18 local building code enforcement; and 

19 ‘‘(B) any building code enforcement de20 partment using funds made available under this 

21 title for purposes under this paragraph shall 

22 empanel a code administration and enforcement 

23 team consisting of at least 1 full-time building 


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1 code enforcement officer, a city planner, and a 

2 health planner or similar officer.’’. 

Æ 


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