I 

113TH CONGRESS 

1ST SESSION H. R. 3370 

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 

OCTOBER 29, 2013 

Mr. GRIMM (for himself, Ms. WATERS, Mr. RICHMOND, Mr. OLSON, Mr. 

PALAZZO, Mr. CASSIDY, Ms. MATSUI, Mr. CRAMER, Mr. KEATING, Ms. 

ROS-LEHTINEN, Ms. BROWN of Florida, Mr. HINOJOSA, Mr. MEEKS, Mr. 

MCINTYRE, Mr. NADLER, Mr. NUGENT, Mr. SCOTT of Virginia, Mr. LANGEVIN, Mr. CROWLEY, Ms. MOORE, Mr. THOMPSON of Pennsylvania, Mr. 

JONES, Mr. WELCH, Mr. ENYART, Mr. LOBIONDO, Mr. LYNCH, Mr. 

CARNEY, Mr. SCALISE, Mr. CULBERSON, Ms. CASTOR of Florida, Mr. 

GARCIA, Ms. FRANKEL of Florida, Ms. VELA ́ZQUEZ, Ms. SCHAKOWSKY, 

Mr. KING of New York, Mr. PASCRELL, Mrs. CAROLYN B. MALONEY of 

New York, Ms. WILSON of Florida, Mr. VELA, Mr. STOCKMAN, Mr. BOUSTANY, Mr. FITZPATRICK, Mr. RODNEY DAVIS of Illinois, Mr. PERLMUTTER, Mr. WHITFIELD, Mr. MCNERNEY, Mr. MURPHY of Florida, Mr. 

ELLISON, Mr. DIAZ-BALART, Mrs. ELLMERS, Mr. GENE GREEN of 

Texas, Mr. BUCHANAN, Mr. ANDREWS, Mr. CLEAVER, Mr. DEUTCH, Mr. 

GARAMENDI, Ms. JACKSON LEE, Mr. JEFFRIES, Mr. CLAY, Mrs. MCCARTHY of New York, Ms. PINGREE of Maine, Ms. TSONGAS, Ms. 

WASSERMAN SCHULTZ, Mr. DAVID SCOTT of Georgia, Mr. HARPER, Mr. 

MAFFEI, Mr. SIRES, Mr. CONNOLLY, Mr. POLIS, Mr. PALLONE, Mr. 

KENNEDY, Ms. LORETTA SANCHEZ of California, Mr. SCHRADER, Mr. 

BISHOP of New York, Ms. SLAUGHTER, Mr. GUTIE ́RREZ, Ms. DEGETTE, 

Mr. DANNY K. DAVIS of Illinois, Mr. AL GREEN of Texas, and Mr. 

HOLT) 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 


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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 ‘‘Homeowner Flood In5 surance Affordability Act of 2013’’. 

6 SEC. 2. DEFINITIONS. 

7 As used in this Act, the following definitions shall 

8 apply: 

9 (1) ADJUSTED BASE FLOOD ELEVATION.—For 

10 purposes of rating a floodproofed covered structure, 

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

12 base flood elevation for a covered structure on the 

13 applicable effective flood insurance rate map, plus 1 

14 foot. 

15 (2) ADMINISTRATOR.—The term ‘‘Adminis16 trator’’ means the Administrator of the Federal 

17 Emergency Management Agency. 

18 (3) AFFORDABILITY AUTHORITY BILL.—The 

19 term ‘‘affordability authority bill’’ means a non20 amendable bill that if enacted would only grant the 

21 Administrator the authority necessary to promulgate 


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1 regulations in accordance with the criteria set forth 

2 in section 3(d)(2). 

3 (4) AFFORDABILITY STUDY.—The term ‘‘af4 fordability study’’ means the study required under 

5 section 100236 of the Biggert-Waters Flood Insur6 ance Reform Act of 2012 (Public Law 112–141; 126 

7 Stat. 957). 

8 (5) APPLICABLE FLOOD PLAIN MANAGEMENT

9 MEASURES.—The term ‘‘applicable flood plain man10 agement measures’’ means flood plain management 

11 measures adopted by a community under section 

12 60.3(c) of title 44, Code of Federal Regulations. 

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

14 structure’’ means a residential structure— 

15 (A) that is located in a community that 

16 has adopted flood plain management measures 

17 that are approved by the Federal Emergency 

18 Management Agency and that satisfy the re19 quirements for an exception for floodproofed 

20 residential basements under section 60.6(c) of 

21 title 44, Code of Federal Regulations; and 

22 (B) that was built in compliance with the 

23 applicable flood plain management measures. 

24 (7) DRAFT AFFORDABILITY FRAMEWORK.—The 

25 term ‘‘draft affordability framework’’ means the 


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1 draft programmatic and regulatory framework re2 quired to be prepared by the Administrator and sub3 mitted to Congress under section 3(d) addressing 

4 the issues of affordability of flood insurance sold 

5 under the National Flood Insurance Program, in6 cluding issues identified in the affordability study. 

7 (8) FLOODPROOFED ELEVATION.—The term 

8 ‘‘floodproofed elevation’’ means the height of 

9 floodproofing on a covered structure, as identified on 

10 the Residential Basement Floodproofing Certificate 

11 for the covered structure. 

12 (9) NATIONAL FLOOD INSURANCE PROGRAM.— 

13 The term ‘‘National Flood Insurance Program’’ 

14 means the program established under the National 

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

16 seq.). 

17 SEC. 3. DELAYED IMPLEMENTATION OF FLOOD INSURANCE 

18 RATE INCREASES; DRAFT AFFORDABILITY 

19 FRAMEWORK. 

20 (a) DELAYED IMPLEMENTATION OF FLOOD INSUR21 ANCE RATE INCREASES.— 

22 (1) GRANDFATHERED PROPERTIES.—Beginning 

23 on the date of enactment of this Act, the Adminis24 trator may not increase risk premium rates for flood 

25 insurance for any property located in an area subject 


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1 to the premium adjustment required under section 

2 1308(h) of the National Flood Insurance Act of 

3 1968 (42 U.S.C. 4015(h)). 

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

5 date of enactment of this Act, the Administrator 

6 may not reduce the risk premium rate subsidies for 

7 flood insurance for any property— 

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

9 the National Flood Insurance Act of 1968 (42 

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

11 (B) described under 1307(g)(3) of the Na12 tional Flood Insurance Act of 1968 (42 U.S.C. 

13 4014(g)(3)), provided that the decision of the 

14 policy holder to permit a lapse in flood insur15 ance coverage was as a result of the property 

16 no longer being required to retain such cov17 erage. 

18 (3) EXPIRATION.—The prohibitions set forth 

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

20 after the later of— 

21 (A) the date on which the Administrator 

22 proposes the draft affordability framework; 

23 (B) the date on which any regulations pro24 posed pursuant to the authority that the Ad25 ministrator is granted in the affordability auVerDate Mar 15 2010 22:03 Oct 31, 2013 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3370.IH H3370

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1 thority bill, if such bill is enacted, become final; 

2 or 

3 (C) the date on which the Administrator 

4 certifies in writing to Congress that the Federal 

5 Emergency Management Agency has imple6 mented a flood mapping approach that utilizes 

7 sound scientific and engineering methodologies 

8 to determine varying levels of flood risk in all 

9 areas participating in the National Flood Insur10 ance Program. 

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

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

13 4014(g)(2)) is amended to read as follows: 

14 ‘‘(2) any property purchased after the expira15 tion of the 6-month period set forth under section 

16 3(a)(3) of the Homeowner Flood Insurance Afford17 ability Act of 2013;’’. 

18 (c) TREATMENT OF PRE-FIRM PROPERTIES.—Be19 ginning on the date of enactment of this Act and ending 

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

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

22 premium rate subsidies for flood insurance estimated 

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

24 Act of 1968 (42 U.S.C. 4014(a)(2)) for any property de25 scribed in subparagraphs (A) and (B) of subsection (a)(2) 


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

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

3 (d) DRAFT AFFORDABILITY FRAMEWORK.— 

4 (1) IN GENERAL.—The Administrator shall pre5 pare a draft affordability framework that proposes 

6 to address, via programmatic and regulatory 

7 changes, the issues of affordability of flood insur8 ance sold under the National Flood Insurance Pro9 gram, including issues identified in the affordability 

10 study. 

11 (2) CRITERIA.—In carrying out the require12 ments under paragraph (1), the Administrator shall 

13 consider the following criteria: 

14 (A) Accurate communication to consumers 

15 of the flood risk associated with their property. 

16 (B) Targeted assistance to flood insurance 

17 policy holders based on their financial ability to 

18 continue to participate in the National Flood 

19 Insurance Program. 

20 (C) Individual or community actions to 

21 mitigate the risk of flood or lower the cost of 

22 flood insurance. 

23 (D) The impact of increases in risk pre24 mium rates on participation in the National 

25 Flood Insurance Program. 


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1 (E) The impact flood insurance rate map 

2 updates have on the affordability of flood insur3 ance. 

4 (3) DEADLINE FOR SUBMISSION.—Not later 

5 than 18 months after the date on which the Admin6 istrator submits the affordability study, the Admin7 istrator shall submit to the full Committee on Bank8 ing, Housing, and Urban Affairs and the full Com9 mittee on Appropriations of the Senate and the full 

10 Committee on Financial Services and the full Com11 mittee on Appropriations of the House of Represent12 atives the draft affordability framework. 

13 (e) CONGRESSIONAL CONSIDERATION OF FEMA AF14 FORDABILITY AUTHORITIES.— 

15 (1) NO REFERRAL.—Upon introduction in ei16 ther House of Congress, an affordability authority 

17 bill shall not be referred to a committee and shall 

18 immediately be placed on the calendar. 

19 (2) CONSIDERATION IN THE HOUSE OF REP20 RESENTATIVES.— 

21 (A) PROCEEDING TO CONSIDERATION.—It 

22 shall be in order to move to proceed to consider 

23 the affordability authority bill in the House. All 

24 points of order against the motion are waived. 

25 Such a motion shall not be in order after the 


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1 House has disposed of a motion to proceed with 

2 respect to the affordability authority bill. The 

3 previous question shall be considered as ordered 

4 on the motion to its adoption without inter5 vening motion. The motion shall not be debat6 able. A motion to reconsider the vote by which 

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

8 (B) CONSIDERATION.—The affordability 

9 authority bill shall be considered as read. All 

10 points of order against the affordability author11 ity bill and against its consideration are waived. 

12 The previous question shall be considered as or13 dered on the affordability authority bill to its 

14 passage without intervening motion except 10 

15 hours of debate equally divided and controlled 

16 by the proponent and an opponent. A motion to 

17 reconsider the vote on passage of the afford18 ability authority bill shall not be in order. 

19 (3) CONSIDERATION IN THE SENATE.— 

20 (A) PLACEMENT ON THE CALENDAR.— 

21 Upon introduction in the Senate, an afford22 ability authority bill shall be immediately placed 

23 on the calendar. 

24 (B) FLOOR CONSIDERATION.—Notwith25 standing Rule XXII of the Standing Rules of 


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

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

3 introduction of an affordability authority bill 

4 (even if a previous motion to the same effect 

5 has been disagreed to) to move to proceed to 

6 the consideration of the affordability authority 

7 bill and all points of order against consideration 

8 of the affordability authority bill are waived. 

9 The motion to proceed is not debatable. The 

10 motion is not subject to a motion to postpone. 

11 A motion to reconsider the vote by which the 

12 motion is agreed to or disagreed to shall not be 

13 in order. If a motion to proceed to the consider14 ation of the affordability authority bill is agreed 

15 to, the affordability authority bill shall remain 

16 the unfinished business until disposed of. 

17 (C) CONSIDERATION.—All points of order 

18 against the affordability authority bill are 

19 waived. Consideration of the affordability au20 thority bill and of all debatable motions and ap21 peals in connection therewith shall be limited to 

22 not more than 10 hours which shall be divided 

23 equally between the majority and minority lead24 ers or their designees. A motion further to limit 


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1 debate on the affordability authority bill is in 

2 order, and is not debatable. 

3 (D) NO AMENDMENTS.—An amendment to 

4 the affordability authority bill, or a motion to 

5 postpone, or a motion to proceed to the consid6 eration of other business, or a motion to com7 mit or recommit the affordability authority bill, 

8 is not in order. 

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

10 voted to proceed to the affordability authority 

11 bill, the vote on passage of the affordability au12 thority bill shall occur immediately following the 

13 conclusion of consideration of the affordability 

14 authority bill, and a single quorum call at the 

15 conclusion of the debate if requested in accord16 ance with the rules of the Senate. 

17 (4) AMENDMENT.—The affordability authority 

18 bill shall not be subject to amendment in either the 

19 House of Representatives or the Senate. 

20 (5) CONSIDERATION BY THE OTHER HOUSE.— 

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

22 affordability authority bill, one House receives 

23 from the other an affordability authority bill— 


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1 (i) the affordability authority bill of 

2 the other House shall not be referred to a 

3 committee; and 

4 (ii) the procedure in the receiving 

5 House shall be the same as if no afford6 ability authority bill had been received 

7 from the other House except that the vote 

8 on passage shall be on the affordability au9 thority bill of the other House. 

10 (B) REVENUE MEASURE.—This subsection 

11 shall not apply to the House of Representatives 

12 if the affordability authority bill received from 

13 the Senate is a revenue measure. 

14 (6) COORDINATION WITH ACTION BY OTHER

15 HOUSE.— 

16 (A) TREATMENT OF AFFORDABILITY AU17 THORITY BILL OF OTHER HOUSE.—If the Sen18 ate fails to introduce or consider a affordability 

19 authority bill under this section, the afford20 ability authority bill of the House shall be enti21 tled to expedited floor procedures under this 

22 section. 

23 (B) TREATMENT OF COMPANION MEAS24 URES IN THE SENATE.—If following passage of 

25 the affordability authority bill in the Senate, 


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1 the Senate then receives the affordability au2 thority bill from the House of Representatives, 

3 the House-passed affordability authority bill 

4 shall not be debatable. 

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

6 affordability authority bill, debate on a veto 

7 message in the Senate under this section shall 

8 be 1 hour equally divided between the majority 

9 and minority leaders or their designees. 

10 (7) RULES OF THE HOUSE OF REPRESENTA11 TIVES AND SENATE.—This subsection is enacted by 

12 Congress— 

13 (A) as an exercise of the rulemaking power 

14 of the Senate and the House of Representa15 tives, respectively, and as such it is deemed a 

16 part of the rules of each House, respectively, 

17 but applicable only with respect to the proce18 dure to be followed in that House in the case 

19 of an affordability authority bill, and it super20 sedes other rules only to the extent that it is in21 consistent with such rules; and 

22 (B) with full recognition of the constitu23 tional right of either House to change its rules 

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


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

2 that House. 

3 (f) INTERAGENCY AGREEMENTS.—The Adminis4 trator may enter into an agreement with another Federal 

5 agency to— 

6 (1) complete the affordability study; or 

7 (2) prepare the draft affordability framework. 

8 (g) CLEAR COMMUNICATIONS.—The Administrator 

9 shall clearly communicate full flood risk determinations to 

10 individual property owners regardless of whether their pre11 mium rates are full actuarial rates. 

12 (h) RULE OF CONSTRUCTION.—Nothing in this sec13 tion shall be construed to provide the Administrator with 

14 the authority to provide assistance to homeowners based 

15 on affordability that was not available prior to the enact16 ment of the Biggert-Waters Flood Insurance Reform Act 

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

18 SEC. 4. AFFORDABILITY STUDY AND REPORT. 

19 Notwithstanding the deadline under section 

20 100236(c) of the Biggert-Waters Flood Insurance Reform 

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

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

23 the Administrator shall submit to the full Committee on 

24 Banking, Housing, and Urban Affairs and the full Com25 mittee on Appropriations of the Senate and the full ComVerDate Mar 15 2010 22:03 Oct 31, 2013 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3370.IH H3370

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1 mittee on Financial Services and the full Committee on 

2 Appropriations of the House of Representatives the af3 fordability study and report required under such section. 

4 SEC. 5. AFFORDABILITY STUDY FUNDING. 

5 Section 100236(d) of the Biggert-Waters Flood In6 surance Reform Act of 2012 (Public Law 112–141; 126 

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

8 $750,000’’ and inserting ‘‘such amounts as may be nec9 essary’’. 

10 SEC. 6. FUNDS TO REIMBURSE HOMEOWNERS FOR SUC11 CESSFUL MAP APPEALS. 

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

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

14 amended by striking the second sentence and inserting the 

15 following: ‘‘The Administrator may use such amounts 

16 from the National Flood Insurance Fund established 

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

18 subsection.’’. 

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

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

21 4017(a)) is amended— 

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

23 end; 

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

25 the end and inserting ‘‘; and’’; and 


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

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

3 SEC. 7. FLOOD PROTECTION SYSTEMS. 

4 (a) ADEQUATE PROGRESS ON CONSTRUCTION OF

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

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

7 4014(e)) is amended— 

8 (1) in the first sentence, by inserting ‘‘or recon9 struction’’ after ‘‘construction’’; 

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

11 follows: ‘‘The Administrator shall find that adequate 

12 progress on the construction or reconstruction of a 

13 flood protection system, based on the present value 

14 of the completed flood protection system, has been 

15 made only if (1) 100 percent of the cost of the sys16 tem has been authorized, (2) at least 60 percent of 

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

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

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

20 completed.’’; and 

21 (3) by adding at the end the following: ‘‘Not22 withstanding any other provision of law, in deter23 mining whether a community has made adequate 

24 progress on the construction, reconstruction, or im25 provement of a flood protection system, the AdminisVerDate Mar 15 2010 22:03 Oct 31, 2013 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3370.IH H3370

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1 trator shall consider all sources of funding, including 

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

3 (b) COMMUNITIES RESTORING DISACCREDITED

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

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

6 4014(f)) is amended by amending the first sentence to 

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

8 law, this subsection shall apply to riverine and coastal lev9 ees that are located in a community which has been deter10 mined by the Administrator of the Federal Emergency 

11 Management Agency to be in the process of restoring flood 

12 protection afforded by a flood protection system that had 

13 been previously accredited on a Flood Insurance Rate Map 

14 as providing 100-year frequency flood protection but no 

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

16 of Federal funding of or participation in the construction, 

17 reconstruction, or improvement of the flood protection sys18 tem.’’. 

19 SEC. 8. TREATMENT OF FLOODPROOFED RESIDENTIAL 

20 BASEMENTS. 

21 Notwithstanding the Biggert-Waters Flood Insurance 

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

23 916), the amendments made by that Act, or any other pro24 vision of law, the Administrator shall rate a covered struc25 ture using the elevation difference between the 


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1 floodproofed elevation of the covered structure and the ad2 justed base flood elevation of the covered structure. 

3 SEC. 9. DESIGNATION OF FLOOD INSURANCE ADVOCATE. 

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

5 a Flood Insurance Advocate to advocate for the fair treat6 ment of policy holders under the National Flood Insurance 

7 Program and property owners in the mapping of flood 

8 hazards, the identification of risks from flood, and the im9 plementation of measures to minimize the risk of flood. 

10 (b) DUTIES AND RESPONSIBILITIES.—The duties 

11 and responsibilities of the Flood Insurance Advocate des12 ignated under subsection (a) shall be to— 

13 (1) educate property owners and policyholders 

14 under the National Flood Insurance Program on— 

15 (A) individual flood risks; 

16 (B) flood mitigation; 

17 (C) measures to reduce flood insurance 

18 rates through effective mitigation; and 

19 (D) the flood insurance rate map review 

20 and amendment process; 

21 (2) assist policy holders under the National 

22 Flood Insurance Program and property owners to 

23 understand the procedural requirements related to 

24 appealing preliminary flood insurance rate maps and 


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1 implementing measures to mitigate evolving flood 

2 risks; 

3 (3) assist in the development of regional capac4 ity to respond to individual constituent concerns 

5 about flood insurance rate map amendments and re6 visions; 

7 (4) coordinate outreach and education with 

8 local officials and community leaders in areas im9 pacted by proposed flood insurance rate map amend10 ments and revisions; and 

11 (5) aid potential policy holders under the Na12 tional Flood Insurance Program in obtaining and 

13 verifying accurate and reliable flood insurance rate 

14 information when purchasing or renewing a flood in15 surance policy. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated for each fiscal year such 

18 sums as may be necessary to carry out the duties and re19 sponsibilities of the Flood Insurance Advocate. 

Æ 


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