I 

114TH CONGRESS 

1ST SESSION H. R. 3297 

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

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2015 

Mr. GRIFFITH introduced the following bill; which was referred to the 

Committee on Financial Services 

A BILL 

To reform the National Flood Insurance Program, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fairness in Flood In5 surance Act of 2015’’. 

6 SEC. 2. APPEALS OF PROJECTED SPECIAL FLOOD HAZARD 

7 AREAS. 

8 (a) BURDEN OF PROOF.— 

9 (1) APPEALS TO FEMA.—Section 1363 of the 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
2 

•HR 3297 IH

1 4104) is amended by adding at the end the following 

2 new subsection: 

3 ‘‘(h) BURDEN OF PROOF.—In any appeal to the Ad4 ministrator, or any judicial review of a final administrative 

5 determination, regarding the designation of flood elevation 

6 determinations or the identification of special flood hazard 

7 areas, the Administrator shall have the burden of proving, 

8 by clear and convincing evidence, that the elevations pro9 posed by the Administrator or the designation of an identi10 fied special flood hazard area, as the case may be, is sci11 entifically and technically correct.’’. 

12 (2) DETERMINATIONS BY SCIENTIFIC RESOLU13 TION PANEL.—Subsection (c) of section 1363A of 

14 the National Flood Insurance Act of 1968 (42 

15 U.S.C. 4104–1(c)) is amended— 

16 (A) by redesignating paragraphs (3) and 

17 (4) as paragraphs (4) and (5), respectively; and 

18 (B) by inserting after paragraph (2) the 

19 following new paragraph: 

20 ‘‘(3) BURDEN OF PROOF.—The Scientific Reso21 lution Panel may not resolve a dispute submitted 

22 under this section in favor of the Administrator un23 less the Panel determines, by clear and convincing 

24 evidence, that the data and determinations of the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
3 

•HR 3297 IH

1 Administrator involved in the dispute are scientif2 ically and technically correct.’’. 

3 (b) DEADLINE FOR APPEALS.— 

4 (1) IN GENERAL.—Section 1363 of the Na5 tional Flood Insurance Act of 1968 (42 U.S.C. 

6 4104) is amended— 

7 (A) in subsection (b), by striking ‘‘ninety8 day’’ and inserting ‘‘6-month’’; and 

9 (B) in subsections (c) and (d), by striking 

10 ‘‘ninety days’’ each place such term appears 

11 and inserting ‘‘6 months’’. 

12 (2) APPLICABILITY.—The amendment made by 

13 paragraph (1) shall apply with respect to second 

14 newspaper publications of notifications of the Ad15 ministrator of the Federal Emergency Management 

16 Agency referred to in section 1363(b) of the Na17 tional Flood Insurance Act of 1968 that occur after 

18 the date of the enactment of this Act. 

19 (c) REIMBURSEMENT FOR COSTS OF APPEAL.— 

20 (1) APPLICABILITY; IMPLEMENTATION.—Sub21 section (f) of section 1363 of the National Flood In22 surance Act of 1968 (42 U.S.C. 4104(f)) is amend23 ed— 

24 (A) by striking the first sentence and in25 serting the following: ‘‘When, incident to any 


asabaliauskas on DSK5VPTVN1PROD with BILLS
4 

•HR 3297 IH

1 appeal that is successful, in whole or part, re2 garding the designation of any aspect of a flood 

3 map, including elevation or designation of a 

4 special flood hazard area, the community, 

5 owner, or lessee of real property, as the case 

6 may be, incurs expense in connection with the 

7 appeal, including for legal services and services 

8 provided by surveyors, engineers, and scientific 

9 experts, the Administrator shall reimburse such 

10 individual or community for reasonable ex11 penses to an extent measured by the ratio of 

12 the successful portion of the appeal as com13 pared to the entire appeal. Any successful ap14 peal shall be entitled to such reimbursement 

15 and reimbursement shall not be contingent 

16 upon filing within the 6-month periods referred 

17 to in subsections (c) and (d).’’ ; and 

18 (B) by striking the last sentence and in19 serting the following: ‘‘The Administrator shall 

20 issue guidance to implement this subsection, 

21 which shall not be subject to the notice and 

22 comment requirements under section 553 of 

23 title 5, United States Code.’’. 

24 (2) DEADLINE.—The Administrator of the Fed25 eral Emergency Management Agency shall issue the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
5 

•HR 3297 IH

1 guidance referred to in the last sentence of section 

2 1363 of the National Flood Insurance Act of 1968 

3 (42 U.S.C. 4104(f)), as amended by paragraph 

4 (1)(B) of this subsection, not later than the expira5 tion of the 6-month period beginning on the date of 

6 the enactment of this Act. 

7 SEC. 3. REVISIONS OF EXISTING FLOOD INSURANCE MAPS; 

8 APPEALS. 

9 (a) UPDATING OF MAPS.—Subsection (f) of section 

10 1360 of the National Flood Insurance Act of 1968 (42 

11 U.S.C. 4101(f)) is amended to read as follows: 

12 ‘‘(f) UPDATING OF FLOOD MAPS.— 

13 ‘‘(1) UPON NECESSITY OR REQUEST.—The Ad14 ministrator shall revise and update any floodplain 

15 areas and flood-risk zones— 

16 ‘‘(A) upon the determination of the Admin17 istrator, according to the assessment under sub18 section (e) of this section, that revision and up19 dating are necessary for the areas and zones; 

20 ‘‘(B) upon the request from any State or 

21 local government stating that specific floodplain 

22 areas or flood-risk zones in the State or locality 

23 need revision or updating, if sufficient technical 

24 data justifying the request is submitted; or 


asabaliauskas on DSK5VPTVN1PROD with BILLS
6 

•HR 3297 IH

1 ‘‘(C) upon the request from any owner or 

2 lessee of real property located in a floodplain 

3 area or flood-risk zone if sufficient technical 

4 data justifying the request is submitted. 

5 ‘‘(2) REQUEST BY STATE OR LOCAL GOVERN6 MENT.—When the Administrator revises and up7 dates any floodplain area or flood-risk zone pursuant 

8 to a request from any State or local government, the 

9 Administrator shall provide to that State or local 

10 government a Letter of Map Revision, Letter of Map 

11 Revision Based on Fill, or physical map revision, as 

12 appropriate, that includes a description of any revi13 sions or modifications to such floodplain area or 

14 flood-risk zone. 

15 ‘‘(3) REQUEST BY OWNER OR LESSEE.—When 

16 the Administrator revises and updates any floodplain 

17 area or flood-risk zone pursuant to a request from 

18 any owner or lessee of real property, the Adminis19 trator shall provide to that owner of lessee a Letter 

20 of Map Amendment, Letter of Map Amendment 

21 Based on Fill, Letter of Map Revision, or Letter of 

22 Map Revision Based on Fill, as appropriate, that in23 cludes a description of any revisions or modifications 

24 to such floodplain area or flood-risk zone. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
7 

•HR 3297 IH

1 ‘‘(4) REVISION OF FLOOD MAPS.—Any updates 

2 of flood maps, notifications of flood map changes, 

3 and compendia of flood map changes required by 

4 this section shall reflect any changes made pursuant 

5 to paragraphs (2) and (3) occurring since the most 

6 recent such update, notification, or compendia, re7 spectively.’’. 

8 SEC. 4. APPEALS REGARDING EXISTING FLOOD MAPS. 

9 (a) IN GENERAL.—Section 1360 of the National 

10 Flood Insurance Act of 1968 (42 U.S.C. 4101) is amended 

11 by adding at the end the following new subsection: 

12 ‘‘(k) APPEALS OF EXISTING MAPS.— 

13 ‘‘(1) RIGHT TO APPEAL.—A State or local gov14 ernment, or the owner or lessee of real property, 

15 who has made a formal request to the Administrator 

16 to update a flood map that the Administrator has 

17 denied may at any time appeal such a denial as pro18 vided in this subsection. 

19 ‘‘(2) BASIS FOR APPEAL.—The basis for appeal 

20 under this subsection shall be the possession of 

21 knowledge or information that— 

22 ‘‘(A) the base flood elevation level or des23 ignation of any aspect of a flood map is sci24 entifically or technically inaccurate; or 


asabaliauskas on DSK5VPTVN1PROD with BILLS
8 

•HR 3297 IH

1 ‘‘(B) factors exist that mitigate the risk of 

2 flooding, including ditches, banks, walls, vegeta3 tion, levees, lakes, dams, reservoirs, basin, re4 tention ponds, and other natural or manmade 

5 topographical features. 

6 ‘‘(3) APPEALS PROCESS.— 

7 ‘‘(A) ADMINISTRATIVE ADJUDICATION.— 

8 An appeal under this subsection shall be deter9 mined by a final adjudication on the record, 

10 and after opportunity for an administrative 

11 hearing. 

12 ‘‘(B) RIGHTS UPON ADVERSE DECISION.— 

13 If an appeal pursuant to subparagraph (A) does 

14 not result in a decision in favor of the State, 

15 local government, owner, or lessee, such party 

16 may appeal the adverse decision to— 

17 ‘‘(i) the Scientific Resolution Panel 

18 provided for in section 1363A, which shall 

19 recommend a non-binding decision to the 

20 Administrator; or 

21 ‘‘(ii) the Federal district court of ap22 propriate jurisdiction. 

23 An appeal by a State or local government, or 

24 the owner or lessee of real property, pursuant 


asabaliauskas on DSK5VPTVN1PROD with BILLS
9 

•HR 3297 IH

1 to clause (i) shall not preclude such party from 

2 further appealing pursuant to clause (ii). 

3 ‘‘(C) BURDEN OF PROOF.—In any appeal 

4 under this subsection, the Administrator shall 

5 bear the burden of proving, by clear and con6 vincing evidence, that the elevations proposed 

7 by the Administrator or the designation of any 

8 aspect of the special flood hazard area, as the 

9 case may be, is scientifically and technically 

10 correct. 

11 ‘‘(4) RELIEF.— 

12 ‘‘(A) WHOLLY SUCCESSFUL APPEALS.—In 

13 the case of a successful appeal resulting in a 

14 policyholder’s property being removed from a 

15 special flood hazard area, such policyholder may 

16 cancel the policy at any time within the current 

17 policy year, and the Administrator shall provide 

18 such policyholder a refund in the amount of any 

19 premiums paid for such policy year, plus any 

20 premiums paid for flood insurance coverage 

21 that the policyholder was required to purchase 

22 or maintain during the 2-year period preceding 

23 such policy year. 

24 ‘‘(B) PARTIALLY SUCCESSFUL APPEALS.— 

25 In the case of any appeal in which mitigating 


asabaliauskas on DSK5VPTVN1PROD with BILLS
10 

•HR 3297 IH

1 factors were determined to have reduced, but 

2 not eliminated, the risk of flooding, the Admin3 istrator shall reduce the amount of flood insur4 ance coverage required to be maintained for the 

5 property concerned by the ratio of the success6 ful portion of the appeal as compared to the en7 tire appeal. The Administrator shall refund to 

8 the policyholder any payments made in excess 

9 of the amount necessary for such new coverage 

10 amount, effective from the time when the miti11 gating factor was created or the beginning of 

12 the second policy year preceding the determina13 tion of the appeal, whichever occurred later. 

14 ‘‘(C) ADDITIONAL RELIEF.—The Adminis15 trator may provide additional refunds in excess 

16 of the amounts specified in subparagraphs (A) 

17 and (B) if the Administrator determines that 

18 such additional amounts are warranted. 

19 ‘‘(5) RECOVERY OF COSTS.— When, incident to 

20 any appeal which is successful in whole or part re21 garding the designation of the base flood elevation 

22 or any aspect of the flood map, including elevation 

23 or designation of a special flood hazard area, the 

24 community, or the owner or lessee of real property, 

25 as the case may be, incurs expense in connection 


asabaliauskas on DSK5VPTVN1PROD with BILLS
11 

•HR 3297 IH

1 with the appeal, including legal services and services 

2 provided by surveyors, engineers, and scientific ex3 perts, the Administrator shall reimburse such indi4 vidual or community for reasonable expenses to an 

5 extent measured by the ratio of the successful por6 tion of the appeal as compared to the entire appeal. 

7 The Administrator may use such amounts from the 

8 National Flood Insurance Fund established under 

9 section 1310 as may be necessary to carry out this 

10 paragraph. 

11 ‘‘(6) GUIDANCE.—The Administrator shall 

12 issue guidance to implement this subsection, which 

13 shall not be subject to the notice and comment re14 quirements under section 553 of title 5, United 

15 States Code.’’. 

16 (b) DEADLINE.—The Administrator of the Federal 

17 Emergency Management Agency shall issue the guidance 

18 referred to section 1361(k)(6) of the National Flood In19 surance Act of 1968 (42 U.S.C. 4101(k)(6)), as added by 

20 the amendment made by subsection (a) of this section, not 

21 later than the expiration of the 6-month period beginning 

22 on the date of the enactment of this Act. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
12 

•HR 3297 IH

1 SEC. 5. CONSIDERATION OF FLOOD MITIGATION FACTORS 

2 IN ESTABLISHING FLOOD HAZARD AREAS. 

3 Section 1360 of the National Flood Insurance Act of 

4 1968 (42 U.S.C. 4101), as amended by the preceding pro5 visions of this Act, is further amended by adding at the 

6 end the following new subsection: 

7 ‘‘(l) CONSIDERATION OF FLOOD MITIGATION FAC8 TORS.—In identifying, designating, and establishing any 

9 areas having special flood hazards, including in reviewing, 

10 revising, or updating of such areas, the Administrator and 

11 the Technical Mapping Advisory Council established under 

12 section 100215 of the Biggert-Waters Flood Insurance 

13 Reform Act of 2012 (42 U.S.C. 4101a) shall take into 

14 consideration any factors that mitigate against flood risk, 

15 including ditches, banks, walls, vegetation, levees, lakes, 

16 dams, reservoirs, basin, and retention ponds, and the ex17 tent to which such factors mitigate against flood risk.’’. 

18 SEC. 6. CONSIDERATION OF COASTAL AND INLAND LOCA19 TIONS IN PREMIUM RATES. 

20 (a) ESTIMATES OF PREMIUM RATES.—Clause (i) of 

21 section 1307(a)(1)(A) of the National Flood Insurance 

22 Act of 1968 (42 U.S.C. 4014(a)(1)(A)(i)) is amended by 

23 inserting ‘‘, taking into consideration differences between 

24 properties located in coastal areas and properties located 

25 inland,’’ after ‘‘the risk involved’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
13 

•HR 3297 IH

1 (b) ESTABLISHMENT OF CHARGEABLE PREMIUM

2 RATES.—Paragraph (1) of section 1308(b) of the Na3 tional Flood Insurance Act of 1968 (42 U.S.C. 

4 4015(b)(1)) is amended by inserting ‘‘due to differences 

5 between properties located in coastal areas and properties 

6 located inland and’’ after ‘‘differences in risks’’. 

7 (c) RATE TABLES.—Not later than the expiration of 

8 the 180-day period beginning on the date of the enactment 

9 of this Act, the Administrator of the Federal Emergency 

10 Management Agency shall revise and expand the rate ta11 bles for premiums under the National Flood Insurance 

12 Program to implement the amendments made by this sec13 tion and reflect differences between properties located in 

14 coastal areas and properties located inland. 

15 SEC. 7. STREAMLINING OF FLOOD MAP PROCESSES. 

16 The Administrator of the Federal Emergency Man17 agement Agency shall consult with the Technical Mapping 

18 Advisory Council established under section 100215 of the 

19 Biggert-Waters Flood Insurance Reform Act of 2012 (42 

20 U.S.C. 4101a) regarding methods of or actions to— 

21 (1) make the flood map processes of the Coun22 cil more efficient; 

23 (2) minimize any cost, data, and paperwork re24 quirements of the Council; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
14 

•HR 3297 IH

1 (3) assist communities, and in particular small2 er communities, in locating the resources required to 

3 successfully appeal flood elevations and flood hazard 

4 area designations. 

5 Not later than the expiration of the 1-year period begin6 ning on the date of the enactment of this Act, the Admin7 istrator shall submit a report to the Committee on Finan8 cial Services of the House of Representatives and the 

9 Committee on Banking, Housing, and Urban Affairs of 

10 the Senate setting forth any recommendations for methods 

11 or actions developed pursuant to the consultation required 

12 under this section. 

13 SEC. 8. SUFFICIENT STAFFING FOR OFFICE OF FLOOD IN14 SURANCE ADVOCATE. 

15 (a) IN GENERAL.—Section 24 of the Homeowner 

16 Flood Insurance Affordability Act of 2014 (42 U.S.C. 

17 4033) is amended by adding at the end the following new 

18 subsection: 

19 ‘‘(c) STAFF.—The Administrator shall ensure that 

20 the Flood Insurance Advocate has sufficient staff to carry 

21 out all of the duties and responsibilities of the Advocate 

22 under this section, which shall include providing direction 

23 as necessary, including by direct conversations with insur24 ance agents.’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
15 

•HR 3297 IH

1 (b) TIMING.—The Administrator of the Federal 

2 Emergency Management Agency shall take such actions 

3 as may be necessary to provide for full compliance with 

4 section 24(c) of the Homeowner Flood Insurance Afford5 ability Act of 2014, as added by the amendment made by 

6 subsection (a) of this section, not later than the expiration 

7 of the 180-day period beginning on the date of the enact8 ment of this Act. 

9 SEC. 9. GAO STUDY ON ADEQUACY OF FLOOD MAPS. 

10 The Comptroller General of the United States shall 

11 conduct a study to determine the scientific and technical 

12 adequacy of the flood maps proposed and established pur13 suant to chapter III of the National Flood Insurance Act 

14 of 1968 (42 U.S.C. 4101 et seq.) by the Administrator 

15 of the Federal Emergency Management Agency. Not later 

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

17 the date of the enactment of this Act, the Comptroller 

18 General shall submit a report to the Committee on Finan19 cial Services of the House of Representatives and the 

20 Committee on Banking, Housing, and Urban Affairs of 

21 the Senate a report setting forth the results and conclu22 sions of the study conducted pursuant to this section. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
16 

•HR 3297 IH

1 SEC. 10. GAO STUDY OF EFFECTS OF CHANGING BASE 

2 FLOOD. 

3 The Comptroller General of the United States shall 

4 conduct a study regarding the effects on the National 

5 Flood Insurance Program and otherwise of changing the 

6 standard for designation of areas as special flood hazard 

7 areas from having a 1 percent or greater chance of experi8 encing flooding in any given year to having a 10 percent 

9 or greater chance of experiencing flooding in any given 

10 year. Not later than the expiration of the 180-day period 

11 beginning on the date of the enactment of this Act, the 

12 Comptroller General shall submit to the Congress a report 

13 setting forth the findings and conclusions of the study con14 ducted pursuant to this section. 

Æ 


asabaliauskas on DSK5VPTVN1PROD with BILLS