I 

113TH CONGRESS 

1ST SESSION H. R. 3511 

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

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

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 15, 2013 

Mr. CAPUANO (for himself, Ms. WATERS, Mr. JONES, Mr. HINOJOSA, Mr. 

LYNCH, Mr. KEATING, and Mr. TIERNEY) introduced the following bill; 

which was referred to the Committee on Financial Services, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To delay the implementation of certain provisions of the 

Biggert-Waters Flood Insurance Reform Act of 2012, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Keeping Flood Insur5 ance Affordable Act of 2013’’. 

6 SEC. 2. DEFINITIONS. 

7 As used in this Act, the following definitions shall 

8 apply: 


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1 (1) ADJUSTED BASE FLOOD ELEVATION.—For 

2 purposes of rating a floodproofed covered structure, 

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

4 base flood elevation for a covered structure on the 

5 applicable effective flood insurance rate map, plus 1 

6 foot. 

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

9 Emergency Management Agency. 

10 (3) AFFORDABILITY AUTHORITY BILL.—The 

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

13 Administrator the authority necessary to promulgate 

14 regulations in accordance with the criteria set forth 

15 in section 3(d)(2). 

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

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

20 Stat. 957). 

21 (5) APPLICABLE FLOOD PLAIN MANAGEMENT

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

24 measures adopted by a community under section 

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


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

2 structure’’ means a residential structure— 

3 (A) that is located in a community that 

4 has adopted flood plain management measures 

5 that are approved by the Federal Emergency 

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

8 residential basements under section 60.6(c) of 

9 title 44, Code of Federal Regulations; and 

10 (B) that was built in compliance with the 

11 applicable flood plain management measures. 

12 (7) DRAFT AFFORDABILITY FRAMEWORK.—The 

13 term ‘‘draft affordability framework’’ means the 

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

17 the issues of affordability of flood insurance sold 

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

20 (8) FLOODPROOFED ELEVATION.—The term 

21 ‘‘floodproofed elevation’’ means the height of 

22 floodproofing on a covered structure, as identified on 

23 the Residential Basement Floodproofing Certificate 

24 for the covered structure. 


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1 (9) NATIONAL FLOOD INSURANCE PROGRAM.— 

2 The term ‘‘National Flood Insurance Program’’ 

3 means the program established under the National 

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

5 seq.). 

6 SEC. 3. DELAYED IMPLEMENTATION OF FLOOD INSURANCE 

7 RATE INCREASES; DRAFT AFFORDABILITY 

8 FRAMEWORK. 

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

11 (1) GRANDFATHERED PROPERTIES.—Beginning 

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

14 insurance for any property located in an area subject 

15 to the premium adjustment required under section 

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

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

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

19 date of enactment of this Act, the Administrator 

20 may not reduce the risk premium rate subsidies for 

21 flood insurance for any property— 

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

23 the National Flood Insurance Act of 1968 (42 

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


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

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

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

6 no longer being required to retain such cov7 erage. 

8 (3) CERTAIN SUBSIDIZED RATE PROPERTIES.— 

9 Beginning on the date of enactment of this Act, the 

10 Administrator may not reduce the risk premium rate 

11 subsidies for flood insurance for any property— 

12 (A) described under section 1307(a)(2)(A) 

13 of the National Flood Insurance Act of 1968 

14 (42 U.S.C. 4014(a)(2)(A)) and the appraised 

15 value of which does not exceed $1,000,000, ex16 cept that for any owner of such a non-primary 

17 residence this subparagraph shall apply to only 

18 one such property; or 

19 (B) described under section 1307(a)(2)(D) 

20 of the National Flood Insurance Act of 1968 

21 (42 U.S.C. 4014(a)(2)(D)), except that— 

22 (i) any single business may insure 

23 only a single property with risk premium 

24 rate subsidies provided pursuant to this 

25 subparagraph; and 


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1 (ii) notwithstanding section 1306(b) 

2 (42 U.S.C. 4013(b)), in making insurance 

3 coverage available for any property with 

4 risk premium rate subsidies provided pur5 suant to this subparagraph, coverage shall 

6 be made available with respect to any sin7 gle such building up to an aggregate liabil8 ity of $1,000,000, and coverage shall be 

9 made available up to a total of $1,000,000 

10 aggregate liability for contents owned by 

11 the building owner and $1,000,000 aggre12 gate liability for each unit within the build13 ing for contents owned by the tenant. 

14 (4) EXPIRATION.—The prohibitions set forth 

15 under paragraphs (1), (2), and (3) shall expire 6 

16 months after the later of— 

17 (A) the date on which the Administrator 

18 proposes the draft affordability framework; 

19 (B) the date on which any regulations pro20 posed pursuant to the authority that the Ad21 ministrator is granted in the affordability au22 thority bill, if such bill is enacted, become final; 

23 or 

24 (C) the date on which the Administrator 

25 certifies in writing to Congress that the Federal 


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1 Emergency Management Agency has imple2 mented a flood mapping approach that utilizes 

3 sound scientific and engineering methodologies 

4 to determine varying levels of flood risk in all 

5 areas participating in the National Flood Insur6 ance Program. 

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

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

9 4014(g)(2)) is amended to read as follows: 

10 ‘‘(2) any property purchased after the expira11 tion of the 6-month period set forth under section 

12 3(a)(3) of the Keeping Flood Insurance Affordable 

13 Act of 2013;’’. 

14 (c) TREATMENT OF PRE-FIRM PROPERTIES.—Be15 ginning on the date of enactment of this Act and ending 

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

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

18 premium rate subsidies for flood insurance estimated 

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

20 Act of 1968 (42 U.S.C. 4014(a)(2)) for any property de21 scribed in subparagraphs (A) and (B) of subsection (a)(2) 

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

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

24 (d) DRAFT AFFORDABILITY FRAMEWORK.— 


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1 (1) IN GENERAL.—The Administrator shall pre2 pare a draft affordability framework that proposes 

3 to address, via programmatic and regulatory 

4 changes, the issues of affordability of flood insur5 ance sold under the National Flood Insurance Pro6 gram, including issues identified in the affordability 

7 study. 

8 (2) CRITERIA.—In carrying out the require9 ments under paragraph (1), the Administrator shall 

10 consider the following criteria: 

11 (A) Accurate communication to consumers 

12 of the flood risk associated with their property. 

13 (B) Targeted assistance to flood insurance 

14 policy holders based on their financial ability to 

15 continue to participate in the National Flood 

16 Insurance Program. 

17 (C) Individual or community actions to 

18 mitigate the risk of flood or lower the cost of 

19 flood insurance. 

20 (D) The impact of increases in risk pre21 mium rates on participation in the National 

22 Flood Insurance Program. 

23 (E) The impact flood insurance rate map 

24 updates have on the affordability of flood insur25 ance. 


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1 (3) DEADLINE FOR SUBMISSION.—Not later 

2 than 18 months after the date on which the Admin3 istrator submits the affordability study, the Admin4 istrator shall submit to the full Committee on Bank5 ing, Housing, and Urban Affairs and the full Com6 mittee on Appropriations of the Senate and the full 

7 Committee on Financial Services and the full Com8 mittee on Appropriations of the House of Represent9 atives the draft affordability framework. 

10 (e) CONGRESSIONAL CONSIDERATION OF FEMA AF11 FORDABILITY AUTHORITIES.— 

12 (1) NO REFERRAL.—Upon introduction in ei13 ther House of Congress, an affordability authority 

14 bill shall not be referred to a committee and shall 

15 immediately be placed on the calendar. 

16 (2) CONSIDERATION IN THE HOUSE OF REP17 RESENTATIVES.— 

18 (A) PROCEEDING TO CONSIDERATION.—It 

19 shall be in order to move to proceed to consider 

20 the affordability authority bill in the House. All 

21 points of order against the motion are waived. 

22 Such a motion shall not be in order after the 

23 House has disposed of a motion to proceed with 

24 respect to the affordability authority bill. The 

25 previous question shall be considered as ordered 


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1 on the motion to its adoption without inter2 vening motion. The motion shall not be debat3 able. A motion to reconsider the vote by which 

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

5 (B) CONSIDERATION.—The affordability 

6 authority bill shall be considered as read. All 

7 points of order against the affordability author8 ity bill and against its consideration are waived. 

9 The previous question shall be considered as or10 dered on the affordability authority bill to its 

11 passage without intervening motion except 10 

12 hours of debate equally divided and controlled 

13 by the proponent and an opponent. A motion to 

14 reconsider the vote on passage of the afford15 ability authority bill shall not be in order. 

16 (3) CONSIDERATION IN THE SENATE.— 

17 (A) PLACEMENT ON THE CALENDAR.— 

18 Upon introduction in the Senate, an afford19 ability authority bill shall be immediately placed 

20 on the calendar. 

21 (B) FLOOR CONSIDERATION.—Notwith22 standing Rule XXII of the Standing Rules of 

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

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

25 introduction of an affordability authority bill 


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1 (even if a previous motion to the same effect 

2 has been disagreed to) to move to proceed to 

3 the consideration of the affordability authority 

4 bill and all points of order against consideration 

5 of the affordability authority bill are waived. 

6 The motion to proceed is not debatable. The 

7 motion is not subject to a motion to postpone. 

8 A motion to reconsider the vote by which the 

9 motion is agreed to or disagreed to shall not be 

10 in order. If a motion to proceed to the consider11 ation of the affordability authority bill is agreed 

12 to, the affordability authority bill shall remain 

13 the unfinished business until disposed of. 

14 (C) CONSIDERATION.—All points of order 

15 against the affordability authority bill are 

16 waived. Consideration of the affordability au17 thority bill and of all debatable motions and ap18 peals in connection therewith shall be limited to 

19 not more than 10 hours which shall be divided 

20 equally between the majority and minority lead21 ers or their designees. A motion further to limit 

22 debate on the affordability authority bill is in 

23 order, and is not debatable. 

24 (D) NO AMENDMENTS.—An amendment to 

25 the affordability authority bill, or a motion to 


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1 postpone, or a motion to proceed to the consid2 eration of other business, or a motion to com3 mit or recommit the affordability authority bill, 

4 is not in order. 

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

6 voted to proceed to the affordability authority 

7 bill, the vote on passage of the affordability au8 thority bill shall occur immediately following the 

9 conclusion of consideration of the affordability 

10 authority bill, and a single quorum call at the 

11 conclusion of the debate if requested in accord12 ance with the rules of the Senate. 

13 (4) AMENDMENT.—The affordability authority 

14 bill shall not be subject to amendment in either the 

15 House of Representatives or the Senate. 

16 (5) CONSIDERATION BY THE OTHER HOUSE.— 

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

18 affordability authority bill, one House receives 

19 from the other an affordability authority bill— 

20 (i) the affordability authority bill of 

21 the other House shall not be referred to a 

22 committee; and 

23 (ii) the procedure in the receiving 

24 House shall be the same as if no afford25 ability authority bill had been received 


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1 from the other House except that the vote 

2 on passage shall be on the affordability au3 thority bill of the other House. 

4 (B) REVENUE MEASURE.—This subsection 

5 shall not apply to the House of Representatives 

6 if the affordability authority bill received from 

7 the Senate is a revenue measure. 

8 (6) COORDINATION WITH ACTION BY OTHER

9 HOUSE.— 

10 (A) TREATMENT OF AFFORDABILITY AU11 THORITY BILL OF OTHER HOUSE.—If the Sen12 ate fails to introduce or consider a affordability 

13 authority bill under this section, the afford14 ability authority bill of the House shall be enti15 tled to expedited floor procedures under this 

16 section. 

17 (B) TREATMENT OF COMPANION MEAS18 URES IN THE SENATE.—If following passage of 

19 the affordability authority bill in the Senate, 

20 the Senate then receives the affordability au21 thority bill from the House of Representatives, 

22 the House-passed affordability authority bill 

23 shall not be debatable. 

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

25 affordability authority bill, debate on a veto 


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1 message in the Senate under this section shall 

2 be 1 hour equally divided between the majority 

3 and minority leaders or their designees. 

4 (7) RULES OF THE HOUSE OF REPRESENTA5 TIVES AND SENATE.—This subsection is enacted by 

6 Congress— 

7 (A) as an exercise of the rulemaking power 

8 of the Senate and the House of Representa9 tives, respectively, and as such it is deemed a 

10 part of the rules of each House, respectively, 

11 but applicable only with respect to the proce12 dure to be followed in that House in the case 

13 of an affordability authority bill, and it super14 sedes other rules only to the extent that it is in15 consistent with such rules; and 

16 (B) with full recognition of the constitu17 tional right of either House to change its rules 

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

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

20 that House. 

21 (f) INTERAGENCY AGREEMENTS.—The Adminis22 trator may enter into an agreement with another Federal 

23 agency to— 

24 (1) complete the affordability study; or 

25 (2) prepare the draft affordability framework. 


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1 (g) CLEAR COMMUNICATIONS.—The Administrator 

2 shall clearly communicate full flood risk determinations to 

3 individual property owners regardless of whether their pre4 mium rates are full actuarial rates. 

5 (h) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall be construed to provide the Administrator with 

7 the authority to provide assistance to homeowners based 

8 on affordability that was not available prior to the enact9 ment of the Biggert-Waters Flood Insurance Reform Act 

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

11 SEC. 4. AFFORDABILITY STUDY AND REPORT. 

12 Notwithstanding the deadline under section 

13 100236(c) of the Biggert-Waters Flood Insurance Reform 

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

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

16 the Administrator shall submit to the full Committee on 

17 Banking, Housing, and Urban Affairs and the full Com18 mittee on Appropriations of the Senate and the full Com19 mittee on Financial Services and the full Committee on 

20 Appropriations of the House of Representatives the af21 fordability study and report required under such section. 

22 SEC. 5. AFFORDABILITY STUDY FUNDING. 

23 Section 100236(d) of the Biggert-Waters Flood In24 surance Reform Act of 2012 (Public Law 112–141; 126 

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


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1 $750,000’’ and inserting ‘‘such amounts as may be nec2 essary’’. 

3 SEC. 6. FUNDS TO REIMBURSE HOMEOWNERS FOR SUC4 CESSFUL MAP APPEALS. 

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

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

7 amended by striking the second sentence and inserting the 

8 following: ‘‘The Administrator may use such amounts 

9 from the National Flood Insurance Fund established 

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

11 subsection.’’. 

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

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

14 4017(a)) is amended— 

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

16 end; 

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

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

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

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

21 SEC. 7. FLOOD PROTECTION SYSTEMS. 

22 (a) ADEQUATE PROGRESS ON CONSTRUCTION OF

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

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

25 4014(e)) is amended— 


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1 (1) in the first sentence, by inserting ‘‘or recon2 struction’’ after ‘‘construction’’; 

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

4 follows: ‘‘The Administrator shall find that adequate 

5 progress on the construction or reconstruction of a 

6 flood protection system, based on the present value 

7 of the completed flood protection system, has been 

8 made only if (1) 100 percent of the cost of the sys9 tem has been authorized, (2) at least 60 percent of 

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

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

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

13 completed.’’; and 

14 (3) by adding at the end the following: ‘‘Not15 withstanding any other provision of law, in deter16 mining whether a community has made adequate 

17 progress on the construction, reconstruction, or im18 provement of a flood protection system, the Adminis19 trator shall consider all sources of funding, including 

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

21 (b) COMMUNITIES RESTORING DISACCREDITED

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

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

24 4014(f)) is amended by amending the first sentence to 

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


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1 law, this subsection shall apply to riverine and coastal lev2 ees that are located in a community which has been deter3 mined by the Administrator of the Federal Emergency 

4 Management Agency to be in the process of restoring flood 

5 protection afforded by a flood protection system that had 

6 been previously accredited on a Flood Insurance Rate Map 

7 as providing 100-year frequency flood protection but no 

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

9 of Federal funding of or participation in the construction, 

10 reconstruction, or improvement of the flood protection sys11 tem.’’. 

12 SEC. 8. TREATMENT OF FLOODPROOFED RESIDENTIAL 

13 BASEMENTS. 

14 Notwithstanding the Biggert-Waters Flood Insurance 

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

16 916), the amendments made by that Act, or any other pro17 vision of law, the Administrator shall rate a covered struc18 ture using the elevation difference between the 

19 floodproofed elevation of the covered structure and the ad20 justed base flood elevation of the covered structure. 

21 SEC. 9. DESIGNATION OF FLOOD INSURANCE ADVOCATE. 

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

23 a Flood Insurance Advocate to advocate for the fair treat24 ment of policy holders under the National Flood Insurance 

25 Program and property owners in the mapping of flood 


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1 hazards, the identification of risks from flood, and the im2 plementation of measures to minimize the risk of flood. 

3 (b) DUTIES AND RESPONSIBILITIES.—The duties 

4 and responsibilities of the Flood Insurance Advocate des5 ignated under subsection (a) shall be to— 

6 (1) educate property owners and policyholders 

7 under the National Flood Insurance Program on— 

8 (A) individual flood risks; 

9 (B) flood mitigation; 

10 (C) measures to reduce flood insurance 

11 rates through effective mitigation; and 

12 (D) the flood insurance rate map review 

13 and amendment process; 

14 (2) assist policy holders under the National 

15 Flood Insurance Program and property owners to 

16 understand the procedural requirements related to 

17 appealing preliminary flood insurance rate maps and 

18 implementing measures to mitigate evolving flood 

19 risks; 

20 (3) assist in the development of regional capac21 ity to respond to individual constituent concerns 

22 about flood insurance rate map amendments and re23 visions; 

24 (4) coordinate outreach and education with 

25 local officials and community leaders in areas imVerDate Mar 15 2010 19:00 Nov 18, 2013 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H3511.IH H3511

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1 pacted by proposed flood insurance rate map amend2 ments and revisions; and 

3 (5) aid potential policy holders under the Na4 tional Flood Insurance Program in obtaining and 

5 verifying accurate and reliable flood insurance rate 

6 information when purchasing or renewing a flood in7 surance policy. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated for each fiscal year such 

10 sums as may be necessary to carry out the duties and re11 sponsibilities of the Flood Insurance Advocate. 

Æ 


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