IB 

Union Calendar No. 210 

116TH CONGRESS 

1ST SESSION H. R. 3167 

[Report No. 116–262, Part I] 

To reform and reauthorize the National Flood Insurance Program, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 10, 2019 

Ms. WATERS introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Transportation and Infrastructure, 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 

OCTOBER 28, 2019 

Reported from the Committee on Financial Services with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

OCTOBER 28, 2019 

Committee on Transportation and Infrastructure discharged; committed to the 

Committee of the Whole House on the State of the Union and ordered 

to be printed 

[For text of introduced bill, see copy of bill as introduced on June 10, 2019] 


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A BILL 

To reform and reauthorize the National Flood Insurance 

Program, and for other purposes. 


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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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na5 tional Flood Insurance Program Reauthorization Act of 

6 2019’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Congressional findings. 

TITLE I—REAUTHORIZATION AND AFFORDABILITY 

Sec. 101. Program extension. 

Sec. 102. Demonstration program for policy affordability. 

Sec. 103. Premium and fees relief for families and small businesses. 

Sec. 104. Monthly installment payment of premiums. 

Sec. 105. State revolving loan funds for low-interest loans. 

Sec. 106. Use of replacement cost value in estimating premium rates. 

Sec. 107. Refund of premiums upon cancellation of policy because of replacement 

with private flood insurance. 

TITLE II—MAPPING 

Sec. 201. Reauthorization of appropriations for National Flood Mapping Program. 

Sec. 202. National Flood Mapping Program. 

Sec. 203. Flood mapping modernization and homeowner empowerment pilot program. 

Sec. 204. Mapping improvements and reach. 

Sec. 205. Appeals regarding existing flood maps. 

Sec. 206. Appeals and publication of projected special flood hazard areas. 

Sec. 207. Communication and outreach regarding map changes. 

Sec. 208. Adoption of partial flood maps. 

Sec. 209. New zone for levee-impacted areas. 

Sec. 210. Agricultural structures in special flood hazard zones. 

Sec. 211. Technical Mapping Advisory Council. 

TITLE III—MITIGATION 

Sec. 301. Increased cost of compliance coverage. 

Sec. 302. Multiple-loss properties. 

Sec. 303. Premium rates for certain mitigated properties. 

Sec. 304. Coverage for cooperatives. 

Sec. 305. Voluntary community-based flood insurance pilot program. 

Sec. 306. Mitigation funding. 

Sec. 307. Community Rating System improvements. 


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Sec. 308. Community assistance program for effective floodplain management. 

TITLE IV—MODERNIZATION 

Sec. 401. Effect of private flood insurance coverage on continuous coverage requirements. 

Sec. 402. Optional coverage for umbrella policies. 

Sec. 403. Annual independent actuarial study. 

Sec. 404. Sharing of and access to information. 

Sec. 405. Elevation certificates. 

Sec. 406. Leveraging risk transfer opportunities for a sound financial framework. 

Sec. 407. Write-Your-Own arrangements. 

Sec. 408. Study on increasing participation. 

1 SEC. 2. CONGRESSIONAL FINDINGS. 

2 The Congress finds that— 

3 (1) since 2016, communities and families across 

4 the United States have suffered over $300 billion in 

5 losses as a result of flooding; 

6 (2) flooding disasters in the United States 

7 present a threat to people, property, and taxpayers; 

8 (3) the National Flood Insurance Program 

9 (NFIP) is a key component of the Federal Govern10 ment’s efforts to minimize the damage and financial 

11 impact of floods; 

12 (4) the NFIP is the principal provider of flood 

13 insurance in the United States, covering over 5 mil14 lion households and businesses across the country; 

15 (5) affordability of flood insurance coverage re16 mains a serious concern; 

17 (6) investment in mitigation is a cost-effective 

18 means of reducing risk; 


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1 (7) a policyholder’s ability to pay for flood in2 surance coverage should be considered for premium 

3 rate discounts; and 

4 (8) in the absence of widespread private insur5 ance industry participation, and as a matter of na6 tional policy, the Federal Government must ensure 

7 the availability and affordability of flood insurance. 

8 TITLE I—REAUTHORIZATION 

9 AND AFFORDABILITY 

10 SEC. 101. PROGRAM EXTENSION. 

11 (a) FINANCING.—Subsection (a) of section 1309 of the 

12 National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) 

13 is amended by striking ‘‘September 30, 2019’’ and inserting 

14 ‘‘September 30, 2024’’. 

15 (b) PROGRAM EXPIRATION.—Section 1319 of the Na16 tional Flood Insurance Act of 1968 (42 U.S.C. 4026) is 

17 amended by striking ‘‘September 30, 2019’’ and inserting 

18 ‘‘September 30, 2024’’. 

19 (c) RETROACTIVE EFFECTIVE DATE.—If this Act is en20 acted after September 30, 2019, the amendments made by 

21 subsections (a) and (b) shall take effect as if enacted on 

22 September 30, 2019. 

23 SEC. 102. DEMONSTRATION PROGRAM FOR POLICY AFFORD24 ABILITY. 

25 (a) AUTHORITY.— 


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1 (1) IN GENERAL.—The Administrator of the Fed2 eral Emergency Management Agency shall establish 

3 and carry out a demonstration program under this 

4 section to demonstrate the effectiveness of providing 

5 means-tested discounted rates for flood insurance cov6 erage made available under the National Flood Insur7 ance Act of 1968 for eligible households. 

8 (2) CONSULTATION.—The Administrator may 

9 consult with the Secretary of the Treasury and the 

10 Secretary of Housing and Urban Development about 

11 the implementation of the program established pursu12 ant to paragraph (1). 

13 (b) ELIGIBLE HOUSEHOLDS AND PROPERTIES.—The 

14 Administrator may provide discounted premium rates pur15 suant to this section only for properties that are— 

16 (1) 1- to 4-family residential properties; and 

17 (2) the primary residence of a household whose 

18 income does not exceed 80 percent of the area median 

19 income, as determined by the Administrator in con20 sultation with the Secretary of Housing and Urban 

21 Development. 

22 (c) INCOME DETERMINATIONS.—For purposes of the 

23 program under this section, the Administrator shall make 

24 determinations of household income on an annual basis. 


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1 (d) PREMIUM DISCOUNTS.—Notwithstanding any pro2 vision of the National Flood Insurance Act of 1968, the 

3 chargeable premium rate for flood insurance coverage made 

4 available under the program under this section shall be an 

5 amount that does not exceed 2 percent of annual area me6 dian income for the area within which is located the prop7 erty for which the coverage is provided. 

8 (e) DISCLOSURE OF FULL-RISK RATE.—The Adminis9 trator shall provide to each policyholder purchasing flood 

10 insurance coverage under the program under this section 

11 for a property, not later than the commencement of the pe12 riod of such coverage, a written statement setting forth the 

13 full actuarial premium rate for coverage for such property 

14 determined in accordance with section 1307(a)(1) of the Na15 tional Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)), 

16 the amount of the premium discount for such coverage, and 

17 any other information the Administrator considers helpful 

18 to policyholders in understanding flood insurance coverage 

19 and costs. 

20 (f) GUIDANCE.—Not later than the expiration of the 

21 12-month period beginning on the date of the enactment of 

22 this Act, the Administrator shall issue guidance providing 

23 for the establishment of the demonstration program under 

24 this section, which shall include— 


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1 (1) an estimation of the cost of the program stat2 ed in terms of the aggregate of premium discounts to 

3 be made available under the program; 

4 (2) a description of how the Administrator will 

5 determine eligibility for households to participate in 

6 the program in accordance with the requirements for 

7 eligibility in subsection (b); and 

8 (3) any new requirements to which policyholders 

9 participating in the program will be subject; and 

10 (4) the results of any consultation with the Sec11 retary of the Treasury or the Secretary of Housing 

12 and Urban Development. 

13 (g) REPORT TO CONGRESS.— 

14 (1) COLLECTION OF INFORMATION.—The Admin15 istrator shall collect by survey or other means, for 

16 each participating community in the national flood 

17 insurance program and regarding each year during 

18 the period beginning 5 years before implementation of 

19 the demonstration program under this section and 

20 ending upon the termination date under subsection 

21 (j), the following information: 

22 (A) The demographic characteristics of 

23 households purchasing flood insurance coverage 

24 under such program. 


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1 (B) The average median income of such 

2 households. 

3 (C) The number of properties located in 

4 areas for which a major disaster related to flood5 ing was declared pursuant to the Robert T. Staf6 ford Disaster Relief and Emergency Assistance 

7 Act. 

8 (D) The number of policies made available 

9 under the national flood insurance program and 

10 the number and aggregate amount of claims sub11 mitted under such program. 

12 (E) For all properties in such community 

13 receiving discounted coverage under the dem14 onstration program under this section, the aggre15 gate amount of the full actuarial premium rate 

16 for coverage that is determined in accordance 

17 with section 1307(a)(1) of the National Flood In18 surance Act of 1968 (42 U.S.C. 4014(a)(1)) and 

19 the aggregate amount of premium discounts pro20 vided under the demonstration program. 

21 (F) For all properties in such community, 

22 any changes to such full actuarial premium 

23 rates due to mapping changes or other factors. 

24 (2) REPORT TO CONGRESS.—Not later than the 

25 expiration of the 5-year period beginning upon the 


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1 implementation of the demonstration program under 

2 this section, the Administrator shall submit to the 

3 Congress a report evaluating the effectiveness of the 

4 assistance provided under the program, which shall 

5 include— 

6 (A) a statement of the number of households 

7 participating in the program and the rates of 

8 participation by communities participating in 

9 the national flood insurance program, including 

10 whether such rates of participation have changed 

11 by year; and 

12 (B) an estimate of the cost of the program 

13 to the National Flood Insurance Fund under sec14 tion 1310 of the National Flood Insurance Act of 

15 1968 (42 U.S.C. 4017). 

16 (h) DEFINITIONS.—For purposes of this section, the 

17 following definitions shall apply: 

18 (1) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means the Administrator of the Federal 

20 Emergency Management Agency. 

21 (2) PREMIUM DISCOUNT.—The term ‘‘premium 

22 discount’’ means, with respect to a policy for flood in23 surance coverage under the national flood insurance 

24 program made available under the program under 

25 this section, the amount by which the full actuarial 


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1 premium rate for coverage for such property that is 

2 determined in accordance with section 1307(a)(1) of 

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

4 4014(a)(1)) exceeds the chargeable premium rate for 

5 the coverage made available under the program under 

6 this section. 

7 (i) TERMINATION.—The authority under this section 

8 to provide discounted premium rates for flood insurance 

9 coverage shall terminate on May 31, 2024. 

10 SEC. 103. PREMIUM AND FEES RELIEF FOR FAMILIES AND 

11 SMALL BUSINESSES. 

12 (a) REPEAL OF SURCHARGE.— 

13 (1) REPEAL.—Section 1308A of the National 

14 Flood Insurance Act of 1968 (42 U.S.C. 4015a) is 

15 hereby repealed. 

16 (2) CONFORMING AMENDMENTS.—The National 

17 Flood Insurance Act of 1968 is amended— 

18 (A) in section 1308(m) (42 U.S.C. 

19 4015(m))— 

20 (i) in paragraph (1), by striking ‘‘and 

21 the surcharges required under section 

22 1308A’’; and 

23 (ii) in paragraph (2), by striking ‘‘or 

24 surcharges’’; and 


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1 (B) in section 1310A(c) (42 U.S.C. 

2 4017a(c)), by striking paragraph (4). 

3 (b) SMALL LOAN EXCEPTION TO MANDATORY PUR4 CHASE REQUIREMENT.—Subparagraph (A) of section 

5 102(c)(2) of the Flood Disaster Protection Act of 1973 (42 

6 U.S.C. 4012a(c)(2)(A)) is amended by striking ‘‘$5,000’’ 

7 and inserting ‘‘$25,000’’. 

8 SEC. 104. MONTHLY INSTALLMENT PAYMENT OF PREMIUMS. 

9 (a) AUTHORITY.—Subsection (g) of section 1308 of the 

10 National Flood Insurance Act of 1968 (42 U.S.C. 4015(g)) 

11 is amended— 

12 (1) by striking the subsection designation and all 

13 that follows through ‘‘With respect’’ and inserting the 

14 following: 

15 ‘‘(g) FREQUENCY OF PREMIUM COLLECTION.— 

16 ‘‘(1) OPTIONS.—With respect’’; and 

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

18 ‘‘(2) MONTHLY INSTALLMENT PAYMENT OF PRE19 MIUMS.— 

20 ‘‘(A) EXEMPTION FROM RULEMAKING.— 

21 Until such time as the Administrator promul22 gates regulations implementing paragraph (1) of 

23 this subsection, the Administrator may adopt 

24 policies and procedures, notwithstanding any 

25 other provisions of law and in alignment and 


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1 consistent with existing industry escrow and 

2 servicing standards, necessary to implement such 

3 paragraph without undergoing notice and com4 ment rulemaking and without conducting regu5 latory analyses otherwise required by statute, 

6 regulation, or Executive order. 

7 ‘‘(B) PILOT PROGRAM.—The Administrator 

8 may initially implement paragraph (1) of this 

9 subsection as a pilot program that provides for 

10 a gradual phase-in of implementation. 

11 ‘‘(C) POLICYHOLDER PROTECTION.—The 

12 Administrator may— 

13 ‘‘(i) during the 12-month period begin14 ning on the date of the enactment of this 

15 subparagraph, charge policyholders choosing 

16 to pay premiums in monthly installments a 

17 fee for the total cost of the monthly collec18 tion of premiums not to exceed $25 annu19 ally; and 

20 ‘‘(ii) after the expiration of the 12- 

21 month period referred to in clause (i), ad22 just the fee charged annually to cover the 

23 total cost of the monthly collection of pre24 miums as determined by the report sub25 mitted pursuant to subparagraph (D). 


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1 ‘‘(D) ANNUAL REPORTS.—On an annual 

2 basis, the Administrator shall report to the Com3 mittee on Financial Services of the House of 

4 Representatives and the Committee on Banking, 

5 Housing, and Urban Affairs of the Senate the 

6 ongoing costs associated with the monthly pay7 ment of premiums.’’. 

8 (b) IMPLEMENTATION.—Clause (ii) of section 

9 1307(a)(1)(B) of the National Flood Insurance Act of 1968 

10 (42 U.S.C. 4014(a)(1)(B)(ii)) is amended by inserting be11 fore ‘‘any administrative expenses’’ the following: ‘‘the costs 

12 associated with the monthly collection of premiums pro13 vided for in section 1308(g) (42 U.S.C. 4015(g)), but only 

14 if such costs exceed the operating costs and allowances set 

15 forth in clause (i) of this subparagraph, and’’. 

16 SEC. 105. STATE REVOLVING LOAN FUNDS FOR LOW-INTER17 EST LOANS. 

18 Chapter I of the National Flood Insurance Act of 1968 

19 (42 U.S.C. 4011 et seq.) is amended by adding at the end 

20 the following new section: 

21 ‘‘SEC. 1326. STATE REVOLVING LOAN FUNDS FOR LOW-IN22 TEREST LOANS. 

23 ‘‘(a) DEFINITIONS.—In this section— 


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1 ‘‘(1) the term ‘Community Rating System’ 

2 means the community rating system carried out 

3 under section 1315(b); 

4 ‘‘(2) the term ‘eligible State’ means a State, the 

5 District of Columbia, and the Commonwealth of Puer6 to Rico; 

7 ‘‘(3) the term ‘insular area’ means— 

8 ‘‘(A) Guam; 

9 ‘‘(B) American Samoa; 

10 ‘‘(C) the Commonwealth of the Northern 

11 Mariana Islands; 

12 ‘‘(D) the Federated States of Micronesia; 

13 ‘‘(E) the Republic of the Marshall Islands; 

14 ‘‘(F) the Republic of Palau; and 

15 ‘‘(G) the United States Virgin Islands; 

16 ‘‘(4) the term ‘intended use plan’ means a plan 

17 prepared under subsection (d)(1); 

18 ‘‘(5) the term ‘low-income geographic area’ 

19 means an area described in paragraph (1) or (2) of 

20 section 301(a) of the Public Works and Economic De21 velopment Act of 1965 (42 U.S.C. 3161(a)); 

22 ‘‘(6) the term ‘low-income homeowner’ means the 

23 owner of a primary residence, the household income 

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1 cent of the median income for the area in which the 

2 residence is located; 

3 ‘‘(7) the term ‘participating State’ means an eli4 gible State that— 

5 ‘‘(A) has entered into an agreement under 

6 subsection (b)(1); and 

7 ‘‘(B) agrees to comply with the requirements 

8 of this section; 

9 ‘‘(8) the term ‘pre-FIRM building’ means a 

10 building for which construction or substantial im11 provement occurred before the effective date of the ini12 tial Flood Insurance Rate Map published by the Ad13 ministrator under section 1360 for the area in which 

14 the building is located; 

15 ‘‘(9) the term ‘repetitive-loss property’ has the 

16 meaning given the term in section 1370(a); 

17 ‘‘(10) the term ‘severe repetitive-loss property’ 

18 has the meaning given the term in section 1370(a); 

19 ‘‘(11) the term ‘State loan fund’ means a flood 

20 mitigation assistance revolving loan fund established 

21 by an eligible State under this section; and 

22 ‘‘(12) the term ‘tribal government’ means the rec23 ognized government of an Indian tribe, or the gov24 erning body of an Alaska Native regional or village 


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1 corporation, that has been determined eligible to re2 ceive services from the Bureau of Indian Affairs. 

3 ‘‘(b) GENERAL AUTHORITY.— 

4 ‘‘(1) IN GENERAL.—The Administrator may 

5 enter into an agreement with an eligible State to pro6 vide a capitalization grant for the eligible State to es7 tablish a revolving fund that will provide funding as8 sistance to help homeowners, businesses, nonprofit or9 ganizations, and communities reduce flood risk in 

10 order to decrease— 

11 ‘‘(A) the loss of life and property; 

12 ‘‘(B) the cost of flood insurance; and 

13 ‘‘(C) Federal disaster payments. 

14 ‘‘(2) TIMING OF DEPOSIT AND AGREEMENTS FOR

15 DISTRIBUTION OF FUNDS.— 

16 ‘‘(A) IN GENERAL.—Not later than the last 

17 day of the fiscal year following the fiscal year in 

18 which a capitalization grant is made to a par19 ticipating State under paragraph (1), the par20 ticipating State shall— 

21 ‘‘(i) deposit the grant in the State loan 

22 fund of the State; and 

23 ‘‘(ii) enter into one or more binding 

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1 tribute the grant funds for purposes author2 ized under subsection (c) such that— 

3 ‘‘(I) in the case of the initial 

4 grant made under this section to a 

5 State, not less than 75 percent of the 

6 amount of the grant funds shall be dis7 tributed before the expiration of the 24- 

8 month period beginning upon deposit 

9 of such funds in the State loan fund of 

10 the State; and 

11 ‘‘(II) in the case of any subse12 quent grant made under this section to 

13 a State, not less than 90 percent of the 

14 amount of the grant funds made under 

15 the capitalization grant shall be dis16 tributed before the expiration of the 12- 

17 month period beginning upon deposit 

18 of such funds in the State loan fund of 

19 the State. 

20 ‘‘(B) NONCOMPLIANCE.—Except as provided 

21 in subparagraph (C), if a participating State 

22 does not comply with subparagraph (A) with re23 spect to a grant, the Administrator shall reallo24 cate the grant in accordance with paragraph 

25 (3)(B). 


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1 ‘‘(C) EXCEPTION.—The Administrator may 

2 not reallocate any funds under subparagraph 

3 (B) to a participating State that violated sub4 paragraph (A) with respect to a grant made dur5 ing the same fiscal year in which the funds to 

6 be reallocated were originally made available. 

7 ‘‘(3) ALLOCATION.— 

8 ‘‘(A) IN GENERAL.—The Administrator 

9 shall allocate amounts made available to carry 

10 out this section to participating States— 

11 ‘‘(i) for the participating States to de12 posit in the State loan funds established by 

13 the participating States; and 

14 ‘‘(ii) except as provided in paragraph 

15 (6), in accordance with the requirements de16 scribed in subparagraph (B). 

17 ‘‘(B) REQUIREMENTS.—The requirements 

18 described in this subparagraph are as follows: 

19 ‘‘(i) Fifty percent of the total amount 

20 made available under subparagraph (A) 

21 shall be allocated so that each participating 

22 State receives the percentage amount that is 

23 obtained by dividing the number of prop24 erties that were insured under the national 

25 flood insurance program in that State in 


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1 the fiscal year preceding the fiscal year in 

2 which the amount is allocated by the total 

3 number of properties that were insured 

4 under the national flood insurance program 

5 in the fiscal year preceding the fiscal year 

6 in which the amount is allocated. 

7 ‘‘(ii) Fifty percent of the total amount 

8 made available under subparagraph (A) 

9 shall be allocated so that each participating 

10 State receives a percentage of funds that is 

11 equal to the product obtained under clause 

12 (iii)(IV) with respect to that participating 

13 State after following the procedures de14 scribed in clause (iii). 

15 ‘‘(iii) The procedures described in this 

16 clause are as follows: 

17 ‘‘(I) Divide the total amount col18 lected in premiums for properties in19 sured under the national flood insur20 ance program in each participating 

21 State during the previous fiscal year 

22 by the number of properties insured 

23 under the national flood insurance pro24 gram in that State for that fiscal year. 


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1 ‘‘(II) Add together each quotient 

2 obtained under subclause (I). 

3 ‘‘(III) For each participating 

4 State, divide the quotient obtained 

5 under subclause (I) with respect to that 

6 State by the sum obtained under sub7 clause (II). 

8 ‘‘(IV) For each participating 

9 State, multiply the amount that is 50 

10 percent of the total amount made 

11 available under subparagraph (A) by 

12 the quotient obtained under subclause 

13 (III). 

14 ‘‘(iv) Except as provided in paragraph 

15 (5), in a fiscal year— 

16 ‘‘(I) a participating State may 

17 not receive more than 15 percent of the 

18 total amount that is made available 

19 under subparagraph (A) in that fiscal 

20 year; and 

21 ‘‘(II) if a participating State, 

22 based on the requirements under 

23 clauses (i) through (iii), would, but for 

24 the limit under subclause (I) of this 

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1 er than the amount the State is au2 thorized to receive under that sub3 clause, the difference between the au4 thorized amount and the amount other5 wise due to the State under clauses (i) 

6 through (iii) shall be allocated to other 

7 participating States— 

8 ‘‘(aa) that, in that fiscal 

9 year, have not received an amount 

10 under subparagraph (A) that is 

11 more than the authorized amount 

12 under subclause (I) of this clause; 

13 and 

14 ‘‘(bb) by using the require15 ments under clauses (i) through 

16 (iii), except that a participating 

17 State may receive an allocation 

18 under this subclause only if the 

19 allocation does not result in the 

20 State receiving a total amount for 

21 the fiscal year under subpara22 graph (A) that is greater than the 

23 authorized amount under sub24 clause (I). 

25 ‘‘(4) NO REVOLVING FUND REQUIRED.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding any 

2 other provision of this section, and subject to 

3 subparagraph (B), a participating State that re4 ceives less than $4,000,000 under paragraph 

5 (3)(B) in a fiscal year may distribute the funds 

6 directly in the form of grants or technical assist7 ance for a purpose described in subsection (c)(2), 

8 without regard to whether the State has estab9 lished a State loan fund. 

10 ‘‘(B) STATE MATCHING.—A participating 

11 State that exercises the authority under subpara12 graph (A) in a fiscal year shall provide match13 ing funds from non-Federal sources in an 

14 amount that is equal to 15 percent of the amount 

15 that the State receives under paragraph (3)(B) 

16 in that fiscal year for purposes described in sub17 paragraph (A). 

18 ‘‘(5) ALLOCATION OF REMAINING FUNDS.—After 

19 allocating amounts made available to carry out this 

20 section for a fiscal year in accordance with para21 graph (3), the Administrator shall allocate any re22 maining amounts made available for that fiscal year 

23 to participating States, using the procedures described 

24 in clauses (i) through (iii) of paragraph (3)(B). 


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1 ‘‘(6) ALLOCATION FOR TRIBAL GOVERNMENTS

2 AND INSULAR AREAS.—The Administrator shall re3 serve not less than 5.0 percent of the amount made 

4 available to carry out this section in a fiscal year to 

5 enter into grant agreements with tribal governments 

6 and insular areas, with the grant funds to be distrib7 uted— 

8 ‘‘(A) according to criteria established by the 

9 Administrator; and 

10 ‘‘(B) for a purpose described in subsection 

11 (c)(2). 

12 ‘‘(7) ADMINISTRATIVE COSTS; TECHNICAL AS13 SISTANCE.—The Administrator shall reserve not more 

14 than 2.5 percent of the amount made available to 

15 carry out this section in a fiscal year— 

16 ‘‘(A) for administrative costs incurred in 

17 carrying out this section; and 

18 ‘‘(B) to provide technical assistance to re19 cipients of grants under this section. 

20 ‘‘(c) USE OF FUNDS.— 

21 ‘‘(1) IN GENERAL.—Amounts deposited in a 

22 State loan fund, including repayments of loans made 

23 from the fund and interest earned on the amounts in 

24 the fund, shall be used— 


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1 ‘‘(A) consistent with paragraphs (2) and (3) 

2 and subsection (g), to provide financial assist3 ance for— 

4 ‘‘(i) homeowners, businesses, and non5 profit organizations that are eligible to par6 ticipate in the national flood insurance pro7 gram; 

8 ‘‘(ii) any local government that par9 ticipates in the national flood insurance 

10 program; and 

11 ‘‘(iii) any State government agencies 

12 or subdivisions of any State government 

13 that engage in floodplain management ac14 tivities; 

15 ‘‘(B) as a source of revenue and security for 

16 leveraged loans, the proceeds of which shall be de17 posited in the State loan fund; or 

18 ‘‘(C) for the sale of bonds as security for 

19 payment of the principal and interest on revenue 

20 or general obligation bonds issued by the partici21 pating State to provide matching funds under 

22 subsection (g), if the proceeds from the sale of the 

23 bonds are deposited in the State loan fund. 


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1 ‘‘(2) PURPOSES.—A recipient of financial assist2 ance provided through amounts from a State loan 

3 fund— 

4 ‘‘(A) shall use the amounts to reduce— 

5 ‘‘(i) flood risk; or 

6 ‘‘(ii) potential flood claims submitted 

7 under the national flood insurance pro8 gram; 

9 ‘‘(B) shall use the amounts in a cost-effec10 tive manner under requirements established by 

11 the State, which may require an applicant for fi12 nancial assistance to submit any information 

13 that the State considers relevant or necessary be14 fore the date on which the applicant receives the 

15 assistance; 

16 ‘‘(C) shall use the amounts for projects 

17 that— 

18 ‘‘(i) meet design and construction 

19 standards established by the Administrator; 

20 ‘‘(ii) are located in communities 

21 that— 

22 ‘‘(I) participate in the national 

23 flood insurance program; and 

24 ‘‘(II) have developed a State, 

25 local, or tribal government hazard 


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1 mitigation plan that has been ap2 proved by the Administrator under sec3 tion 1366; 

4 ‘‘(iii)(I) address a repetitive-loss prop5 erty or a severe repetitive-loss property; or 

6 ‘‘(II) address flood risk in the 500-year 

7 floodplain, areas of residual flood risk, or 

8 other areas of potential flood risk, as identi9 fied by the Administrator; and 

10 ‘‘(iv) address current risk and antici11 pate future risk, such as sea-level rise; 

12 ‘‘(D) may use the amounts— 

13 ‘‘(i) for projects relating to— 

14 ‘‘(I) structural elevation; 

15 ‘‘(II) floodproofing; 

16 ‘‘(III) the relocation or removal of 

17 buildings from the 100-year floodplain 

18 or other areas of flood risk, including 

19 the acquisition of properties for such a 

20 purpose; 

21 ‘‘(IV) environmental restoration 

22 activities that directly reduce flood 

23 risk; 


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1 ‘‘(V) any eligible activity de2 scribed in subparagraphs (A) through 

3 (G) of section 1366(c)(3); or 

4 ‘‘(VI) other activities determined 

5 appropriate by the Administrator; 

6 ‘‘(ii) with respect to a project described 

7 in clause (i), only for expenditures directly 

8 related to a project described in that clause, 

9 including expenditures for planning, design, 

10 and associated pre-construction activities; 

11 and 

12 ‘‘(iii) to acquire, for the purposes of 

13 permanent protection, land, buildings, or a 

14 conservation easement from a willing seller 

15 or grantor; 

16 ‘‘(E) may not use the amounts— 

17 ‘‘(i) to construct buildings or expand 

18 existing buildings unless the activity is for 

19 the purpose of flood mitigation; 

20 ‘‘(ii) to improve any structure, unless 

21 the recipient has obtained flood insurance 

22 coverage in an amount at least equal to the 

23 lesser of the eligible project costs or the max24 imum insurable limit for the structure 

25 under the national flood insurance program 


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1 coverage for the structure, which coverage 

2 shall be maintained for the useful life of the 

3 structure; 

4 ‘‘(iii) to improve a residential property 

5 with an appraised value that is not less 

6 than 125 percent of the limitation on the 

7 maximum original principal obligation of a 

8 conventional mortgage that may be pur9 chased by the Federal National Mortgage 

10 Association or the Federal Home Loan 

11 Mortgage Corporation in the area in which 

12 the property is located, as established under 

13 section 302(b)(2) of the Federal National 

14 Mortgage Association Charter Act (12 

15 U.S.C. 1717(b)(2)) and section 305(a)(2) of 

16 the Federal Home Loan Mortgage Corpora17 tion Act (12 U.S.C. 1454(a)(2)); 

18 ‘‘(iv) for the direct benefit of a home19 owner if the annual household adjusted 

20 gross income of the homeowner during the 

21 previous fiscal year was not less than 

22 $200,000, as annually adjusted by the Ad23 ministrator to reflect changes in the Con24 sumer Price Index for All Urban Con25 sumers, as published by the Bureau of 


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1 Labor Statistics of the Department of Labor 

2 and rounded to the nearest $25; or 

3 ‘‘(v) to acquire real property or an in4 terest in real property unless the property is 

5 purchased from a willing seller; and 

6 ‘‘(F) shall, in the use of such amounts, give 

7 priority to the maximum extent practicable to 

8 projects that assist low-income homeowners and 

9 low-income geographical areas. 

10 ‘‘(d) INTENDED USE PLANS.— 

11 ‘‘(1) IN GENERAL.—After providing the oppor12 tunity for public review and comment, each partici13 pating State shall annually prepare a plan that iden14 tifies, for the year following the date of issuance of the 

15 intended use plan, the intended uses of the amounts 

16 available in the State loan fund of the participating 

17 State. 

18 ‘‘(2) CONSULTATION DURING PREPARATION.— 

19 Each participating State, in preparing an intended 

20 use plan, shall ensure that the State agency with pri21 mary responsibility for floodplain management— 

22 ‘‘(A) provides oversight with respect to the 

23 preparation of the intended use plan; and 


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1 ‘‘(B) consults with any other appropriate 

2 State agency, including agencies responsible for 

3 coastal and environmental management. 

4 ‘‘(3) CONTENTS.—A participating State shall, in 

5 each intended use plan— 

6 ‘‘(A) include— 

7 ‘‘(i) an explanation of the mitigation 

8 and resiliency benefits the State intends to 

9 achieve, including by— 

10 ‘‘(I) reducing future damage and 

11 loss associated with flooding; 

12 ‘‘(II) reducing the number of se13 vere repetitive-loss properties and re14 petitive-loss properties in the State; 

15 ‘‘(III) decreasing the number of 

16 flood insurance claims in the State; 

17 and 

18 ‘‘(IV) increasing the rating under 

19 the Community Rating System for 

20 communities in the State; 

21 ‘‘(ii) information with respect to the 

22 availability of, and the application process 

23 for receiving, financial assistance from the 

24 State loan fund of the State; 


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1 ‘‘(iii) the criteria and methods estab2 lished for the distribution of amounts from 

3 the State loan fund of the State; 

4 ‘‘(iv) the amount of financial assist5 ance that the State anticipates allocating 

6 to— 

7 ‘‘(I) local government projects; 

8 and 

9 ‘‘(II) projects for homeowners, 

10 business, or nonprofit organizations; 

11 ‘‘(v) the expected terms of the assist12 ance provided under clause (iv); and 

13 ‘‘(vi) a description of the financial sta14 tus of the State loan fund and the short15 term and long-term goals of the State loan 

16 fund; and 

17 ‘‘(B) provide, to the maximum extent prac18 ticable, that priority for the use of amounts from 

19 the State loan fund shall be given to projects 

20 that— 

21 ‘‘(i) address severe repetitive-loss prop22 erties and repetitive-loss properties; 

23 ‘‘(ii) assist low-income homeowners 

24 and low-income geographic areas; and 


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1 ‘‘(iii) address flood risk for pre-FIRM 

2 buildings. 

3 ‘‘(4) PUBLICATION.—Each participating State 

4 shall publish and periodically update a list of all 

5 projects receiving funding from the State loan fund of 

6 the State, which shall include identification of— 

7 ‘‘(A) the community in which the project is 

8 located; 

9 ‘‘(B) the type and amount of assistance pro10 vided for each project; and 

11 ‘‘(C) the expected funding schedule and date 

12 of completion of each project. 

13 ‘‘(e) FUND MANAGEMENT.—Amounts in a State loan 

14 fund shall— 

15 ‘‘(1) remain available for providing financial as16 sistance under this section until distributed; 

17 ‘‘(2) if the amounts are not required for imme18 diate distribution or expenditure, be invested in inter19 est-bearing obligations; and 

20 ‘‘(3) except as provided in subsection (i), include 

21 only— 

22 ‘‘(A) amounts received from capitalization 

23 grants made under this section; 

24 ‘‘(B) repayments of loans made from the 

25 fund; and 


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1 ‘‘(C) interest earned on amounts in the 

2 fund. 

3 ‘‘(f) MATCHING FUNDS.— 

4 ‘‘(1) FULL GRANT.—On or before the date on 

5 which a participating State receives a capitalization 

6 grant, the State shall deposit into the State loan fund 

7 of the State, in addition to the amount of the capital8 ization grant, an amount from non-Federal sources 

9 that is not less than 10 percent of the total amount 

10 of the capitalization grant. 

11 ‘‘(2) REDUCED GRANT.—Notwithstanding para12 graph (1), if a State deposits in the State loan fund 

13 of the State in connection a capitalization grant an 

14 amount from non-Federal sources that is less than 10 

15 percent of the total amount of the capitalization grant 

16 that would otherwise be received by the State, the Ad17 ministrator shall reduce the amount of the capitaliza18 tion grant received by the State to the amount that 

19 is 10 times the amount so deposited and shall allocate 

20 such remaining grant amounts under subsection 

21 (b)(5) together with the amounts allocated under such 

22 subsection. 

23 ‘‘(g) TYPES OF ASSISTANCE.—Unless otherwise prohib24 ited by State law, a participating State may use the 


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1 amounts deposited into a State loan fund under this section 

2 only— 

3 ‘‘(1) to make a loan, on the condition that— 

4 ‘‘(A) the interest rate for the loan is not 

5 more than the market interest rate; 

6 ‘‘(B) the recipient of the loan will begin 

7 making principal and interest payments on the 

8 loan not later than 1 year after the date on 

9 which the project for which the loan was made 

10 is completed; 

11 ‘‘(C) the loan will be fully amortized not 

12 later than 20 years after the date on which the 

13 project for which the loan was made is com14 pleted, except that, in the case of a loan made for 

15 a project in a low-income geographic area or to 

16 a low-income homeowner, the State may provide 

17 a longer amortization period for the loan if that 

18 longer period— 

19 ‘‘(i) ends on a date that is not later 

20 than 30 years after the date on which the 

21 project is completed; and 

22 ‘‘(ii) is not longer than the expected de23 sign life of the project; 

24 ‘‘(D) the recipient of the loan demonstrates, 

25 based on verified and documented information 


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1 that, at the time the loan is consummated, that 

2 the recipient has a reasonable ability to repay 

3 the loan, according to its terms, except that this 

4 subparagraph may not be construed to authorize 

5 any reduction or limitation in efforts to comply 

6 with the requirements of subsection (c)(2)(E) (re7 lating to priority for assistance for low-income 

8 homeowners and low-income geographical areas); 

9 and 

10 ‘‘(E) payments of principal and interest 

11 with respect to the loan will be deposited into the 

12 State loan fund; 

13 ‘‘(2) to buy or refinance the debt obligation of a 

14 local government related to flood mitigation or resil15 iency activities, at an interest rate that is not more 

16 than the market interest rate; 

17 ‘‘(3) to guarantee, or purchase insurance for, a 

18 local obligation, the proceeds of which finance a 

19 project eligible for assistance under this section, if the 

20 guarantee or purchase, as applicable, would— 

21 ‘‘(A) improve credit market access; or 

22 ‘‘(B) reduce the interest rate with respect to 

23 the obligation; 

24 ‘‘(4) as a source of revenue or as security for the 

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1 eral obligation bonds issued by the State if the pro2 ceeds of the sale of the bonds will be deposited into the 

3 State loan fund; or 

4 ‘‘(5) to earn interest on those amounts. 

5 ‘‘(h) ASSISTANCE FOR LOW-INCOME HOMEOWNERS

6 AND LOW-INCOME GEOGRAPHIC AREAS.— 

7 ‘‘(1) IN GENERAL.—Notwithstanding any other 

8 provision of this section, if a participating State uses 

9 amounts from a State loan fund to provide financial 

10 assistance under subsection (c) in a low-income geo11 graphic area or to a low-income homeowner, the State 

12 may provide additional subsidization to the recipient 

13 of the assistance, including forgiveness of the prin14 cipal of a loan. 

15 ‘‘(2) LIMITATION.—For each fiscal year, the total 

16 amount of additional subsidization provided by a 

17 participating State under paragraph (1) may not ex18 ceed 30 percent of the amount of the capitalization 

19 grant allocated to the State for that fiscal year. 

20 ‘‘(i) ADMINISTRATION OF FUND.— 

21 ‘‘(1) IN GENERAL.—A participating State may 

22 combine the financial administration of a State loan 

23 fund with the financial administration of any other 

24 revolving fund established by the State if— 


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1 ‘‘(A) combining the administration of the 

2 funds would— 

3 ‘‘(i) be convenient and avoid adminis4 trative costs; and 

5 ‘‘(ii) not violate the law of the State; 

6 and 

7 ‘‘(B) the Administrator determines that— 

8 ‘‘(i) amounts obtained from a grant 

9 made under this section, amounts obtained 

10 from the repayment of a loan made from a 

11 State loan fund, and interest earned on 

12 amounts in a State loan fund will be— 

13 ‘‘(I) accounted for separately from 

14 amounts from other revolving funds; 

15 and 

16 ‘‘(II) used only for purposes au17 thorized under this section; and 

18 ‘‘(ii) after consulting with the appro19 priate State agencies, the authority to estab20 lish assistance priorities and carry out 

21 oversight and related activities, other than 

22 financial administration, with respect to 

23 flood assistance remains with the State 

24 agency with primary responsibility for 

25 floodplain management. 


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1 ‘‘(2) ADMINISTRATIVE AND TECHNICAL COSTS.— 

2 ‘‘(A) IN GENERAL.—For each fiscal year, a 

3 participating State may use the amount de4 scribed in subparagraph (B) to— 

5 ‘‘(i) pay the reasonable costs of admin6 istration of the programs under this section, 

7 including the recovery of reasonable costs 

8 incurred in establishing a State loan fund; 

9 ‘‘(ii) provide appropriate oversight of 

10 projects authorized under this section; and 

11 ‘‘(iii) provide technical assistance and 

12 outreach to recipients in the State of 

13 amounts under this section, including with 

14 respect to updating hazard mitigation plans 

15 and participating in the Community Rat16 ing System, in an amount that is not more 

17 than 4 percent of the funds made available 

18 to the State under this section. 

19 ‘‘(B) DESCRIPTION.—The amount described 

20 in this subparagraph is an amount equal to the 

21 sum of— 

22 ‘‘(i) any fees collected by a partici23 pating State to recover the costs described 

24 in subparagraph (A)(i), regardless of the 

25 source; and 


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1 ‘‘(ii) the greatest of— 

2 ‘‘(I) $400,000; 

3 ‘‘(II) 0.2 percent of the value of 

4 the State loan fund of a State, as of 

5 the date on which the valuation is 

6 made; and 

7 ‘‘(III) an amount equal to 7 per8 cent of all grant awards made to a 

9 participating State for the State loan 

10 fund of the State under this section for 

11 the fiscal year. 

12 ‘‘(3) AUDIT AND REPORT.— 

13 ‘‘(A) AUDIT REQUIREMENT.—Not less fre14 quently than biennially, each participating State 

15 shall conduct an audit of the State loan fund of 

16 the State. 

17 ‘‘(B) REPORT.—Each participating State 

18 shall submit to the Administrator a biennial re19 port regarding the activities of the State under 

20 this section during the period covered by the re21 port, including— 

22 ‘‘(i) the result of any audit conducted 

23 by the State under subparagraph (A); and 


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1 ‘‘(ii) a review of the effectiveness of the 

2 State loan fund of the State with respect 

3 to— 

4 ‘‘(I) the intended use plans of the 

5 State; and 

6 ‘‘(II) meeting the objectives de7 scribed in subsection (b)(1). 

8 ‘‘(4) OVERSIGHT.—In conducting oversight with 

9 respect to State loan funds established under this sec10 tion, the Administrator— 

11 ‘‘(A) shall— 

12 ‘‘(i) periodically audit the funds in ac13 cordance with procedures established by the 

14 Comptroller General of the United States; 

15 and 

16 ‘‘(ii) not less frequently than once 

17 every 4 years, review each State loan fund 

18 to determine the effectiveness of the fund in 

19 reducing flood risk; and 

20 ‘‘(B) may, at any time— 

21 ‘‘(i) make recommendations to a par22 ticipating State with respect to the admin23 istration of the State loan fund of the State; 

24 or 


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1 ‘‘(ii) require specific changes with re2 spect to a State loan fund in order to im3 prove the effectiveness of the fund. 

4 ‘‘(j) LIABILITY PROTECTIONS.—The Federal Govern5 ment shall not be liable for any claim based upon the exer6 cise or performance of, or the failure to exercise or perform, 

7 a discretionary function or duty on the part of the Federal 

8 agency, or an employee of the Federal Government, in car9 rying out the provision of this section. 

10 ‘‘(k) REGULATIONS.—The Administrator shall promul11 gate such guidance or regulations as may be necessary to 

12 carry out this section, including guidance or regulations 

13 that— 

14 ‘‘(1) ensure that each participating State to 

15 which funds are allocated under this section uses the 

16 funds as efficiently as possible; 

17 ‘‘(2) reduce, to the maximum extent practicable, 

18 waste, fraud, and abuse with respect to the implemen19 tation of this section; and 

20 ‘‘(3) require any party that receives funds di21 rectly or indirectly under this section, including a 

22 participating State and a recipient of amounts from 

23 a State loan fund, to use procedures with respect to 

24 the management of the funds that conform to gen25 erally accepted accounting standards. 


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1 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There ia 

2 authorized to be appropriated to carry out this section 

3 $50,000,000 for each of fiscal years 2020 through 2024.’’. 

4 SEC. 106. USE OF REPLACEMENT COST VALUE IN ESTI5 MATING PREMIUM RATES. 

6 Section 1307 of the National Flood Insurance Act of 

7 1968 (42 U.S.C. 4014) is amended by adding at the end 

8 the following new subsection: 

9 ‘‘(i) USE OF REPLACEMENT COST VALUE.—In deter10 mining affordability for insurance provided under this title, 

11 the Administrator may consider, where appropriate, the 

12 impact of the inclusion of the replacement cost or other set13 tlement basis of the structure.’’. 

14 SEC. 107. REFUND OF PREMIUMS UPON CANCELLATION OF 

15 POLICY BECAUSE OF REPLACEMENT WITH 

16 PRIVATE FLOOD INSURANCE. 

17 Section 1306 of the National Flood Insurance Act of 

18 1968 (42 U.S.C. 4013) is amended by adding at the end 

19 the following new subsection: 

20 ‘‘(e) REFUND OF UNEARNED PREMIUMS FOR POLICIES

21 CANCELED BECAUSE OF REPLACEMENT WITH PRIVATE

22 FLOOD INSURANCE.— 

23 ‘‘(1) REQUIRED REFUND.—Subject to subsection 

24 (c), if at any time an insured under a policy for flood 

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1 able under this title cancels such policy because other 

2 duplicate flood insurance coverage for the same prop3 erty has been obtained from a source other than the 

4 National Flood Insurance Program under this title, 

5 the Administrator shall refund to the former insured 

6 a portion of the premiums paid for the coverage made 

7 available under this title, as determined consistent 

8 with industry practice according to the portion of the 

9 term of the policy that such coverage was in effect, but 

10 only if a copy of declarations page of the new policy 

11 obtained from a source other than the program under 

12 this title is provided to the Administrator. 

13 ‘‘(2) EFFECTIVE DATE OF CANCELLATION.—For 

14 purposes of this subsection, a cancellation of a policy 

15 for coverage made available under the National Flood 

16 Insurance Program under this title, for the reason 

17 specified in paragraph (1), shall be effective— 

18 ‘‘(A) on the effective date of the new policy 

19 obtained from a source other than the program 

20 under this title, if the request for such cancella21 tion was received by the Administrator before the 

22 expiration of the 6-month period beginning on 

23 the effective date of the new policy; or 

24 ‘‘(B) on the date of the receipt by the Ad25 ministrator of the request for cancellation, if the 


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1 request for such cancellation was received by the 

2 Administrator after the expiration of the 6- 

3 month period beginning on the effective date of 

4 the new policy. 

5 ‘‘(3) PROHIBITION OF REFUNDS FOR PROP6 ERTIES RECEIVING INCREASED COST OF COMPLIANCE

7 CLAIMS.—No premium amounts paid for coverage 

8 made available under this title may be refunded pur9 suant to this subsection— 

10 ‘‘(A) with respect to coverage for any prop11 erty for which measures have been implemented 

12 using amounts received pursuant to a claim 

13 under increased cost of compliance coverage 

14 made available pursuant to section 1304(b); or 

15 ‘‘(B) if a claim has been paid or is pending 

16 under the policy term for which the refund is 

17 sought.’’. 

18 TITLE II—MAPPING 

19 SEC. 201. REAUTHORIZATION OF APPROPRIATIONS FOR NA20 TIONAL FLOOD MAPPING PROGRAM. 

21 Subsection (f) of section 100216 of the Biggert-Waters 

22 Flood Insurance Reform Act of 2012 (42 U.S.C. 4101(b)) 

23 is amended by striking ‘‘$400,000,000 for each of fiscal 

24 years 2013 through 2017’’ and inserting ‘‘$500,000,000 for 

25 each of fiscal years 2019 through 2023’’. 


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1 SEC. 202. NATIONAL FLOOD MAPPING PROGRAM. 

2 (a) INCLUSION OF CADASTRAL FEATURES IN RATE

3 MAPS.—Section 100216(b)(3) of the Biggert-Waters Flood 

4 Insurance Reform Act of 2012 (42 U.S.C. 4101b(b)(3)) is 

5 amended— 

6 (1) in subparagraph (D), by striking ‘‘and’’ at 

7 the end; 

8 (2) in subparagraph (E), by striking the period 

9 at the end and inserting ‘‘; and’’; and 

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

11 ‘‘(F) cadastral features, including, for each 

12 cadastral feature— 

13 ‘‘(i) the associated parcel identification 

14 data for such cadastral feature; and 

15 ‘‘(ii) to the maximum extent prac16 ticable, using public and private sector ad17 dress data, the address of such cadastral 

18 feature.’’. 

19 (b) FORMAT OF RATE MAPS.—Section 100216(c)(2) of 

20 the Biggert-Waters Flood Insurance Reform Act of 2012 (42 

21 U.S.C. 4101b(c)(2)) is amended— 

22 (1) in subparagraph (B), by striking ‘‘and’’ at 

23 the end; 

24 (2) in subparagraph (C), by striking the period 

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

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


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1 ‘‘(D) spatially accurate in accordance with 

2 the common protocols for geospatial data under 

3 section 757 of the Geospatial Data Act of 2018 

4 (43 U.S.C. 2806).’’. 

5 (c) ADDITIONAL CONSIDERATIONS.—Section 100216 of 

6 the Biggert-Waters Flood Insurance Reform Act of 2012 (42 

7 U.S.C. 4101b) is amended— 

8 (1) by redesignating subsection (f) as subsection 

9 (m); and 

10 (2) by inserting after subsection (e) the following: 

11 ‘‘(g) STREAM FLOW NETWORKS.— 

12 ‘‘(1) IN GENERAL.—The Administrator shall co13 ordinate with the United States Geological Survey for 

14 the sharing of data from stream flow networks critical 

15 to the National Flood Insurance Program, flood risk 

16 mapping, and flood risk assessments, to ensure that— 

17 ‘‘(A) the stream gage stations in such 

18 stream flow networks are operational and use 

19 modern hardware; 

20 ‘‘(B) such stream flow networks are suffi21 ciently densified by adding new stream gage sta22 tions in high-risk areas; 

23 ‘‘(C) inactive critical stream gage stations 

24 in such stream flow networks are reactivated; 

25 and 


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1 ‘‘(D) the speed of the geospatial real-time 

2 data feeds from such stream gage stations is in3 creased. 

4 ‘‘(2) DEFINITIONS.—In this subsection: 

5 ‘‘(A) STREAM FLOW NETWORK.—The term 

6 ‘stream flow network’ means a network of stream 

7 flow gages maintained under the direction of the 

8 United States Geological Survey and its partners 

9 that is used to measure or record the flow of 

10 water down a stream or river, or through an en11 tire watershed system, and transmit such infor12 mation using a geospatial real-time data feed. 

13 ‘‘(B) STREAM GAGE STATION.—The term 

14 ‘stream gage station’ means a device installed at 

15 the edge of a river or stream that measures or 

16 records the flow of water down the stream and 

17 additional information such as water height, 

18 water chemistry, and water temperature. 

19 ‘‘(3) RULE OF CONSTRUCTION.—The purpose of 

20 this subsection is to require cooperation between the 

21 Federal Emergency Management Agency and United 

22 States Geological Survey and nothing in this sub23 section may be construed to require or obligate fund24 ing expenditures. 


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1 ‘‘(h) AVAILABILITY OF DATA TO PUBLIC.—The Admin2 istrator shall make available to the public on the website 

3 of the Federal Emergency Management Agency a national 

4 geospatial data repository that— 

5 ‘‘(1) provides access to the raw data used to in6 clude the cadastral features and parcel identification 

7 data in National Flood Insurance Program rate 

8 maps; 

9 ‘‘(2) to the extent that such data is available, al10 lows users to view, query, and obtain such data at 

11 multiple levels of detail, including down to the prop12 erty level; 

13 ‘‘(3) allows users to view flood risks, flood insur14 ance zones, and flood elevations; 

15 ‘‘(4) provides access to flood mapping and re16 lated information such as— 

17 ‘‘(A) hydrologic and hydraulic models used 

18 in determining flood risk; 

19 ‘‘(B) structure footprints where available as 

20 part of a national structure inventory; 

21 ‘‘(C) flood depth grids; 

22 ‘‘(D) flood risk reports; 

23 ‘‘(E) flood risk assessments (Hazus anal24 yses); 

25 ‘‘(F) hazard mitigation plans; and 


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1 ‘‘(G) other flood risk products at the discre2 tion of the Administrator; and 

3 ‘‘(5) maintains and disseminates such data in a 

4 consistent manner. 

5 ‘‘(i) ENSURING CURRENT DATA.—Not less frequently 

6 than once every 5 years, the Administrator shall verify that 

7 each National Flood Insurance Program rate map contains 

8 data that is current and credible. 

9 ‘‘(j) QUALIFICATIONS-BASED SELECTION CON10 TRACTING.— 

11 ‘‘(1) IN GENERAL.—With respect to a contract 

12 awarded by the Administrator under this Act, or by 

13 an entity receiving a grant under this Act, for pro14 gram management, architectural and engineering 

15 services, or surveying and mapping, such a contract 

16 shall be awarded to a contractor selected in accord17 ance with the procedures described in section 1103 of 

18 title 40, United States Code (or an applicable equiva19 lent State qualifications-based statute). The Adminis20 trator, or entity, as the case may be, shall require 

21 such contractor, as a condition of such contract, to 

22 award any subcontract for program management, ar23 chitectural and engineering services, or surveying and 

24 mapping in accordance with the procedures described 


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1 in the previous sentence, or the applicable equivalent 

2 State statute. 

3 ‘‘(2) RELATIONSHIP TO STATE LAW.—Nothing in 

4 this subsection shall supersede any applicable State 

5 licensing law governing professional licensure. 

6 ‘‘(3) DEFINITIONS.—In this subsection: 

7 ‘‘(A) ARCHITECTURAL AND ENGINEERING

8 SERVICES.—The term ‘architectural and engi9 neering services’ has the meaning given that 

10 term in section 1102 of title 40, United States 

11 Code. 

12 ‘‘(B) SURVEYING AND MAPPING.—The term 

13 ‘surveying and mapping’ includes geospatial ac14 tivities associated with measuring, locating, and 

15 preparing maps, charts, or other graphical or 

16 digital presentations depicting natural and 

17 man-made physical features, phenomena, and 

18 legal boundaries of the earth, including the fol19 lowing: 

20 ‘‘(i) Topographic Engineering Sur21 veying, including acquisition of topographic 

22 oriented surveying and mapping data for 

23 design, construction, master planning, oper24 ations, as-built conditions, precise structure 

25 stability studies using conventional and 


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1 electronic instrumentation, photo2 grammetric, LiDAR, remote sensing, iner3 tial, satellite, and other manned and un4 manned survey methods as applicable. 

5 ‘‘(ii) Hydrographic Engineering Sur6 veying, including acquisition of hydro7 graphic oriented surveying and mapping 

8 data for design, construction, dredging, 

9 master planning, operations, and as-built 

10 conditions using conventional and electronic 

11 instrumentation, and photogrammetric, re12 mote sensing, inertial, satellite, side scan 

13 sonar, subbottom profiling, and other sur14 veying methods, as applicable. 

15 ‘‘(iii) Land Surveying, including prop16 erty and boundary surveys, 

17 monumentation, marking and posting, and 

18 preparation of tract descriptions, using con19 ventional, electronic instrumentation, photo20 grammetric, inertial, satellite, and other 

21 survey methods, as applicable. 

22 ‘‘(iv) Geodetic Surveying, including 

23 first, second, and third order horizontal and 

24 vertical control surveys, geodetic astronomy, 

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1 tional, electronic instrumentation, photo2 grammetric, inertial, satellite, and other 

3 survey methods, as applicable. 

4 ‘‘(v) Cartographic Surveying, includ5 ing acquisition of topographic and hydro6 graphic oriented surveying and mapping 

7 data for construction of maps, charts, and 

8 similar products for planning, flood anal9 ysis, and general use purposes using con10 ventional and electronic instrumentation, 

11 photogrammetric, inertial, satellite, mobile, 

12 terrestrial, and other survey methods, as ap13 plicable. 

14 ‘‘(vi) Mapping, charting, and related 

15 geospatial database development, including 

16 the design, compilation, digitizing, attrib17 uting, scribing, drafting, printing and dis18 semination of printed or digital map, chart, 

19 and related geospatial database products as20 sociated with planning, engineering, oper21 ations, and related real estate activities 

22 using photogrammetric, geographic infor23 mation systems, and other manual and 

24 computer assisted methods, as applicable. 

25 ‘‘(k) DEFINITIONS.—In this section: 


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1 ‘‘(1) CADASTRAL FEATURE.—The term ‘cadastral 

2 feature’ means the geographic elements and features— 

3 ‘‘(A) that are independent of elevation, such 

4 as roads, structure footprints, and rivers and 

5 lakes; 

6 ‘‘(B) which are represented on maps to show 

7 the true location and size of the elements in rela8 tionship to each other, as they are seen from the 

9 air; and 

10 ‘‘(C) that are mapped from LiDAR or aer11 ial photography by employing basic photo12 grammetry. 

13 ‘‘(2) PARCEL IDENTIFICATION DATA.—The term 

14 ‘parcel identification data’ means the information as15 sociated with a parcel of land, including the geo16 graphic location, unique parcel identifier, boundaries, 

17 structures contained within the parcel, zoning classi18 fication, and owner.’’. 

19 SEC. 203. FLOOD MAPPING MODERNIZATION AND HOME20 OWNER EMPOWERMENT PILOT PROGRAM. 

21 (a) IN GENERAL.—The Administrator of the Federal 

22 Emergency Management Agency shall carry out a pilot pro23 gram to make grants to units of local government to en24 hance the mapping of urban flooding and associated prop25 erty damage and the availability of such mapped data to 


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1 homeowners, businesses, and units of local government to 

2 enable them to minimize the risk of such flooding. 

3 (b) OBJECTIVES.—Amounts from grants made under 

4 the pilot program under this section may be used only to 

5 carry out activities to meet the following objectives: 

6 (1) To develop a methodology for assessing urban 

7 flood risk through the deployment of technology-based 

8 mapping tools that are easily understandable by the 

9 public and effectively convey information regarding 

10 the level of flood risk. 

11 (2) To provide structure-specific projections of 

12 annual chance flood frequency. 

13 (3) To provide structure-based flood-risk assess14 ments. 

15 (4) To provide urban flood-risk mitigation pro16 gram design. 

17 (5) To incorporate information regarding cli18 mate trends into urban flooding risk assessments. 

19 (6) To make the information described in this 

20 subsection publicly available on the internet through 

21 a web-based portal so as to increase transparency re22 garding homeowner flood risks, except that the Ad23 ministrator may not disclose such information to the 

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1 lates section 552a of title 5, United States Code, or 

2 any regulation implementing that section. 

3 (c) ELIGIBLE RECIPIENTS.— 

4 (1) IN GENERAL.—Grants under the pilot pro5 gram under this section may be made only to units 

6 of general local government located in urbanized 

7 areas, as such term is used by the Bureau of the Cen8 sus of the Department of Commerce, having popu9 lations exceeding 50,000 or to stormwater manage10 ment authorities of such units of general local govern11 ment. 

12 (2) ONE-TIME GRANTS.—A grant under the pilot 

13 program under this section may not be made to— 

14 (A) any unit of general local governmental, 

15 or stormwater management authority of a unit 

16 of general government, that has previously re17 ceived a grant under the pilot program; 

18 (B) any unit of general local government if 

19 the stormwater management agency for such 

20 unit has previously received a grant under the 

21 pilot program; or 

22 (C) any stormwater management agency of 

23 a unit of general local government if such unit 

24 has previously received a grant under the pilot 

25 program. 


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1 (3) TREATMENT OF STORMWATER MANAGEMENT

2 AUTHORITIES.—In the case of a stormwater manage3 ment authority that operates with respect to more 

4 than one unit of general local government, the appli5 cation of such authority shall be considered for pur6 poses of paragraph (2) of this subsection and sub7 sections (e), (f), and (g)(1) to be made for the largest 

8 unit of general local government for which such au9 thority operates. The preceding sentence shall not 

10 limit the ability of such authority to carry out activi11 ties under the demonstration project in any other ju12 risdictions or unit of local government with respect to 

13 which the authority operates. 

14 (d) APPLICATIONS.—To be eligible for a grant under 

15 this section a unit of general local government or 

16 stormwater management agency shall submit to the Admin17 istrator an application in such form and containing such 

18 information as the Administrator shall require. 

19 (e) SELECTION OF RECIPIENTS.— 

20 (1) ANNUAL SELECTION.—Subject to paragraph 

21 (2) and to the submission of approvable applications, 

22 in each fiscal year for which amounts are made avail23 able for grants under the pilot program under this 

24 section the Administrator shall select, from among ap25 plications submitted under subsection (d) for such fisVerDate Sep 11 2014 01:03 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6203 E:\BILLS\H3167.RH H3167

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1 cal year, 3 units of general government or stormwater 

2 management authorities to receive grants under the 

3 pilot program under this section. 

4 (2) AGGREGATE LIMIT.—Subject only to the sub5 mission of approvable applications, the Administrator 

6 shall select, in the aggregate over the entire duration 

7 of the pilot program under this section, 12 units of 

8 general government or stormwater management au9 thorities to receive grants under the pilot program, as 

10 follows: 

11 (A) TIER 1.—Three of the applicants se12 lected shall be units of general local government, 

13 or stormwater management authorities for such 

14 units, having a population exceeding 800,000, as 

15 follows: 

16 (i) PELAGIC COASTAL CITY.—One shall 

17 be a unit of general local government, or 

18 stormwater authority for such a unit, that 

19 is a pelagic unit. 

20 (ii) NON-PELAGIC COASTAL CITY.—One 

21 shall be unit of general local government, or 

22 stormwater authority for such a unit, that 

23 is a coastal unit, but not a pelagic unit. 

24 (iii) NON-COASTAL CITY.—One shall be 

25 unit of general local government, or 


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1 stormwater authority for such a unit, that 

2 is not a coastal unit. 

3 (B) TIER 2.—Six of the applicants selected 

4 shall be units of general local government, or 

5 stormwater management authorities for such 

6 units, having a population exceeding 200,000 

7 but not exceeding 800,000, as follows: 

8 (i) COASTAL CITIES.—Three shall be 

9 units of general local government, or 

10 stormwater management authorities for 

11 such units, that are coastal units. 

12 (ii) NON-COASTAL CITIES.—Three shall 

13 be units of general local government, or 

14 stormwater management authorities for 

15 such units, that are not coastal units. 

16 (C) TIER 3.—Three of the applicants se17 lected shall be units of general local government, 

18 or stormwater management authorities for such 

19 units, having a population exceeding 50,000 but 

20 not exceeding 200,000. 

21 (f) PRIORITY.— 

22 (1) IN GENERAL.—The Administrator shall select 

23 applicants for grants under the pilot program under 

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1 cations will achieve the objectives set forth in sub2 section (b). 

3 (2) TIERS 2 AND 3.—In selecting applicants to 

4 receive grants under the pilot program under this sec5 tion pursuant to subparagraphs (B) and (C) of sub6 section (e)(2), the Administrator shall give priority to 

7 applicants— 

8 (A) that are highly vulnerable to sea level 

9 rise; 

10 (B) within which are located a military in11 stallation or other facility relating to national 

12 security concerns; or 

13 (C) that have a population that is highly 

14 vulnerable to urban flooding and have an uneven 

15 capacity for flood mitigation and response efforts 

16 resulting from socioeconomic factors. 

17 (g) AMOUNT.— 

18 (1) CONSIDERATIONS.—In determining the 

19 amount of grant under the pilot program under this 

20 section, the Administrator shall consider the popu21 lation of the grant recipient, which may be considered 

22 in terms of the tier under subsection (e)(2) of the re23 cipient. 

24 (2) FEDERAL SHARE.—The amount of a grant 

25 under the pilot program under this section may not 


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1 exceed 75 percent of the total cost of the activities 

2 under subsection (b) to be carried out using the grant 

3 amounts. 

4 (h) DURATION.—The Administrator shall require each 

5 recipient of a grant under the pilot program under this sec6 tion to complete the activities under subsection (b) to be 

7 carried out using the grant amounts before the expiration 

8 of the 18-month period beginning upon the initial receipt 

9 of grant amounts under the pilot program. 

10 (i) USE OF CENSUS DATA.—The Administrator shall 

11 make all determinations under the pilot program regarding 

12 population using the most recent available data from the 

13 decennial census. 

14 (j) GRANTEE REPORTS TO FEMA.—Each recipient of 

15 a grant under the pilot program under this section shall, 

16 not later than the expiration of the 30-month period begin17 ning upon the initial receipt of any such grant amounts, 

18 submit to the Administrator a report that describes— 

19 (1) the activities carried out with amounts from 

20 the grant; 

21 (2) how the activities carried out with such 

22 grant amounts have met the objectives described in 

23 subsection (b); and 

24 (3) any lessons learned in carrying out such ac25 tivities and any recommendations for future mapping 


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1 modernization efforts by the Federal Emergency Man2 agement Agency. 

3 (k) BIENNIAL REPORTS BY FEMA.—Not later than the 

4 expiration of the 24-month period beginning on the date 

5 of the enactment of this Act, and not later than the expira6 tion of each successive 24-month period thereafter until the 

7 completion of all activities carried out with amounts from 

8 grants under the pilot program under this section, the Ad9 ministrator shall submit to the Congress and make avail10 able to the public on an internet website a report that— 

11 (1) describes— 

12 (A) the progress of the activities carried out 

13 with amounts from such grants; and 

14 (B) the effectiveness of technology-based 

15 mapping tools used in carrying out the activities 

16 described in subparagraph (A); and 

17 (2) with respect to the final report that the Ad18 ministrator is required to submit under this sub19 section, includes recommendations to the Congress 

20 and the executive branch of the Federal Government 

21 for implementing strategies, practices, and tech22 nologies to mitigate the effects of urban flooding. 

23 (l) SENSE OF CONGRESS.—It is the sense of the Con24 gress that, because the pilot program is limited with respect 

25 to scope and resources, communities that participate in the 


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1 pilot program should acknowledge that the most successful 

2 efforts to mitigate the effects of urban flooding— 

3 (1) take a structural-based mitigation approach 

4 with respect to construction, which includes— 

5 (A) recognizing any post-storm damage that 

6 may occur; and 

7 (B) pursuing designs that proactively mini8 mize future flood damage; 

9 (2) make individuals in the community aware, 

10 through any cost-effective and available means of edu11 cation, of the best approaches regarding the construc12 tion of properties that are able to survive floods, 

13 which reduces the cost of future repairs; and 

14 (3) encourage home and property owners to con15 sider the measures described in paragraphs (1) and 

16 (2), which are the most cost-effective and prudent 

17 ways to reduce the impact of flooding, when con18 structing or renovating building components. 

19 (m) DEFINITIONS.—For purposes of this section, the 

20 following definitions shall apply: 

21 (1) ADMINISTRATOR.—The term ‘‘Adminis22 trator’’ means the Administrator of the Federal 

23 Emergency Management Agency. 


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1 (2) COASTAL.—The term ‘‘coastal’’ means, with 

2 respect to a unit of general local government, that the 

3 unit borders a body of water that— 

4 (A) exceeds 2,000 square miles in size; and 

5 (B) is not a river. 

6 (3) PELAGIC.—The term ‘‘pelagic’’ means, with 

7 respect to a unit of general local government, that the 

8 unit is a coastal unit and the body of water that the 

9 unit borders is an ocean or other large, open body of 

10 water (including bays and gulfs) that empties into an 

11 ocean. 

12 (4) URBAN FLOODING.— 

13 (A) IN GENERAL.—The term ‘‘urban flood14 ing’’ means the inundation of property in a 

15 built environment, particularly in more densely 

16 populated areas, caused either by falling rain 

17 collecting on impervious surfaces or increasing 

18 the levels of nearby water bodies and over19 whelming the capacity of drainage systems, such 

20 as storm sewers, including— 

21 (i) situations in which stormwater en22 ters buildings through windows, doors, or 

23 other openings; 

24 (ii) water backup through sewer pipes, 

25 showers, toilets, sinks, and floor drains; 


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1 (iii) seepage through walls and floors; 

2 (iv) the accumulation of water on 

3 property or public rights-of-way; and 

4 (v) the overflow from water bodies, 

5 such as rivers, lakes, and oceans. 

6 (B) EXCLUSION.—Such term does not in7 clude flooding in undeveloped or agricultural 

8 areas. 

9 (n) FUNDING.—There is authorized to be appropriated 

10 for grants under the pilot program under this section— 

11 (1) $1,200,000 for fiscal year 2020; and 

12 (2) $4,300,000 for fiscal year 2021, to remain 

13 available through 2023. 

14 SEC. 204. MAPPING IMPROVEMENTS AND REACH. 

15 (a) EXPANDING MAPPING TO ALL AREAS OF THE

16 UNITED STATES.—Subparagraph (A) of section 

17 100216(b)(1) of the Biggert-Waters Flood Insurance Reform 

18 Act of 2012 (42 U.S.C. 4101b(b)(1)(A)) is amended— 

19 (1) in clause (v), by striking ‘‘and’’ at the end; 

20 (2) by redesignating clause (vi) as clause (vii); 

21 and 

22 (3) by inserting after clause (v) the following: 

23 ‘‘(vi) all areas of the United States; 

24 and’’. 


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1 (b) USE OF OTHER FEDERAL AGENCIES AND

2 LIDAR.—Section 100216 of the Biggert-Waters Flood In3 surance Reform Act of 2012 (42 U.S.C. 4101b) is amend4 ed— 

5 (1) in subsection (b)(1)— 

6 (A) by redesignating subparagraphs (B) 

7 and (C) as subparagraphs (C) and (D), respec8 tively; 

9 (B) by inserting after subparagraph (A) the 

10 following: 

11 ‘‘(B) as soon as practicable— 

12 ‘‘(i) modernize the flood mapping in13 ventory for communities for which the Na14 tional Flood Insurance Program rate maps 

15 have not been modernized; and 

16 ‘‘(ii) in coordination with commu17 nities, utilize the digital display environ18 ment established under subsection (f)(1)(A) 

19 to produce, store, and disseminate any flood 

20 hazard data, models, and maps generated 

21 under clause (i) while ensuring that the 

22 flood mapping inventory described in that 

23 clause may be printed in order to carry 

24 out— 


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1 ‘‘(I) floodplain management pro2 grams under the National Flood Insur3 ance Act of 1968 (42 U.S.C. 4001 et 

4 seq.); and 

5 ‘‘(II) other purposes of the Na6 tional Flood Insurance Program;’’; 

7 (C) in subparagraph (C), as so redesig8 nated, by striking ‘‘and’’ at the end; 

9 (D) in subparagraph (D), as so redesig10 nated, by striking the period at the end and in11 serting ‘‘, and including the most current and 

12 most appropriate remote sensing or other 

13 geospatial mapping technology;’’; 

14 (E) by adding at the end the following: 

15 ‘‘(E) when appropriate, partner with other 

16 Federal agencies, States, communities, and pri17 vate entities in order to meet the objectives of the 

18 program; and 

19 ‘‘(F) when appropriate, consult and coordi20 nate with the Secretary of Defense, the Director 

21 of the United States Geological Survey, and the 

22 Administrator of the National Oceanic and At23 mospheric Administration to obtain the most up24 to-date maps and other information of those 

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1 pography, water flow, watershed characteristics, 

2 and any other issues that are relevant to identi3 fying, reviewing, updating, maintaining, and 

4 publishing National Flood Insurance Program 

5 rate maps.’’; 

6 (2) by inserting after subsection (e) the following 

7 new subsection: 

8 ‘‘(f) DIGITAL DISPLAY ENVIRONMENT AND BUILDING9 SPECIFIC FLOOD HAZARD AND RISK INFORMATION.— 

10 ‘‘(1) ESTABLISHMENT.— 

11 ‘‘(A) IN GENERAL.—Not later than 5 years 

12 after the date of enactment of the National Flood 

13 Insurance Program Reauthorization Act of 2019, 

14 the Administrator, in consultation with the 

15 Technical Mapping Advisory Council, shall es16 tablish, as part of a national structure inven17 tory, a dynamic, database-derived digital dis18 play environment for flood hazard and risk data, 

19 models, maps, and assessments. 

20 ‘‘(B) CONSULTATION WITH STATES AND

21 COMMUNITIES.—In designing and constructing 

22 the digital display environment under subpara23 graph (A), the Administrator shall— 


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1 ‘‘(i) leverage and partner with States 

2 and communities that have successfully im3 plemented the same approach; and 

4 ‘‘(ii) consider adopting the techniques 

5 and technologies used by the States and 

6 communities described in clause (i) and ap7 plying those techniques and technologies na8 tionwide. 

9 ‘‘(2) DIGITAL DISPLAY SYSTEM.— 

10 ‘‘(A) IN GENERAL.—In carrying out para11 graph (1), the Administrator, in consultation 

12 with the Technical Mapping Advisory Council, 

13 shall establish a national digital display system 

14 that shall— 

15 ‘‘(i) be prompted through dynamic 

16 querying of a spatial, relational flood haz17 ard and risk database; 

18 ‘‘(ii) as permissible under law, be 

19 made available to the public; 

20 ‘‘(iii) to the extent feasible, and where 

21 sufficient data is available, provide infor22 mation, with respect to individual struc23 tures, regarding— 

24 ‘‘(I) flood hazard and risk assess25 ment determinations; 


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1 ‘‘(II) flood insurance; and 

2 ‘‘(III) flood risk mitigation ef3 forts; 

4 ‘‘(iv) be constructed in a manner that 

5 facilitates coordination with digital display 

6 systems that— 

7 ‘‘(I) have been developed by State 

8 and community partners; and 

9 ‘‘(II) the Administrator finds are 

10 acceptable; 

11 ‘‘(v) include the capability to print 

12 physical copies of maps; and 

13 ‘‘(vi) where feasible, allow for the 

14 maintenance and storage of elevation cer15 tificates. 

16 ‘‘(B) PRIVACY REQUIREMENTS.—The Ad17 ministrator may not disseminate the database 

18 described in subparagraph (A)(i), including any 

19 data used to create that database, to the public 

20 or to a private company in a manner that vio21 lates section 552a of title 5, United States Code, 

22 or any regulation implementing that section.’’; 

23 (3) by inserting after subsection (k), as added by 

24 the preceding provisions of this Act, the following: 


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1 ‘‘(l) ANNUAL REPORT.—The Administrator, in coordi2 nation with the Technical Mapping Advisory Council estab3 lished under section 100215 of this Act, shall submit to the 

4 Committee on Financial Services of the House of Represent5 atives and the Committee on Banking, Housing, and Urban 

6 Affairs of the Senate an annual report regarding progress 

7 achieved in the mapping program under this section, in8 cluding the digital display and structure-specific informa9 tion required under subsection (f), which shall include rec10 ommendations to reduce the cost and improve the imple11 mentation of that subsection.’’. 

12 (c) FUTURE FLOOD RISK.—Section 100216(d) of the 

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

14 U.S.C. 4101b) is amended by adding at the end the fol15 lowing: 

16 ‘‘(3) FUTURE FLOOD RISK.—The Administrator 

17 shall, in consultation with the Technical Mapping 

18 Council established under section 100215, provide fi19 nancial and technical assistance to communities to 

20 incorporate future flood hazard conditions as an in21 formational layer on their Flood Insurance Rate 

22 Maps.’’. 


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1 SEC. 205. APPEALS REGARDING EXISTING FLOOD MAPS. 

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

3 Insurance Act of 1968 (42 U.S.C. 4101) is amended by add4 ing at the end the following new subsection: 

5 ‘‘(k) APPEALS OF EXISTING MAPS.— 

6 ‘‘(1) RIGHT TO APPEAL.—A State or local gov7 ernment, or the owner or lessee of real property, who 

8 has made a formal request to the Administrator to 

9 update a flood map that the Administrator has de10 nied may at any time appeal such a denial as pro11 vided in this subsection. 

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

13 under this subsection shall be the possession of knowl14 edge or information that— 

15 ‘‘(A) the base flood elevation level or des16 ignation of any aspect of a flood map is scientif17 ically or technically inaccurate; or 

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

19 flooding, including ditches, banks, walls, vegeta20 tion, levees, lakes, dams, reservoirs, basin, reten21 tion ponds, and other natural or manmade topo22 graphical features. 

23 ‘‘(3) APPEALS PROCESS.— 

24 ‘‘(A) ADMINISTRATIVE ADJUDICATION.—An 

25 appeal under this subsection shall be determined 


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1 by a final adjudication on the record, and after 

2 opportunity for an administrative hearing. 

3 ‘‘(B) RIGHTS UPON ADVERSE DECISION.—If 

4 an appeal pursuant to subparagraph (A) does 

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

6 local government, owner, or lessee, such party 

7 may appeal the adverse decision to the Scientific 

8 Resolution Panel provided for in section 1363A, 

9 which shall recommend a non-binding decision 

10 to the Administrator. 

11 ‘‘(4) RELIEF.— 

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

13 the case of a successful appeal resulting in a pol14 icyholder’s property being removed from a spe15 cial 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 that 

21 the policyholder was required to purchase or 

22 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 


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1 factors were determined to have reduced, but not 

2 eliminated, the risk of flooding, the Adminis3 trator shall reduce the amount of flood insurance 

4 coverage required to be maintained for the prop5 erty concerned by the ratio of the successful por6 tion of the appeal as compared to the entire ap7 peal. The Administrator shall refund to the pol8 icyholder any payments made in excess of the 

9 amount necessary for such new coverage amount, 

10 effective from the time when the mitigating fac11 tor was created or the beginning of the second 

12 policy year preceding the determination of the 

13 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 or 

22 any aspect of the flood map, including elevation or 

23 designation of a special flood hazard area, the com24 munity, or the owner or lessee of real property, as the 

25 case may be, incurs expense in connection with the 


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1 appeal, including services provided by surveyors, en2 gineers, and scientific experts, the Administrator shall 

3 reimburse such individual or community for reason4 able expenses to an extent measured by the ratio of 

5 the successful portion of the appeal as compared to 

6 the entire appeal, but not including legal services, in 

7 the effecting of an appeal based on a scientific or 

8 technical error on the part of the Federal Emergency 

9 Management Agency. No reimbursement shall be 

10 made by the Administrator in respect to any fee or 

11 expense payment, the payment of which was agreed to 

12 be contingent upon the result of the appeal. The Ad13 ministrator may use such amounts from the National 

14 Flood Insurance Fund established under section 1310 

15 as may be necessary to carry out this paragraph. 

16 ‘‘(6) GUIDANCE.—The Administrator shall issue 

17 guidance to implement this subsection, which shall 

18 not be subject to the notice and comment requirements 

19 under section 553 of title 5, United States Code.’’. 

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

21 Emergency Management Agency shall issue the guidance re22 ferred to section 1360(k)(6) of the National Flood Insurance 

23 Act of 1968 (42 U.S.C. 4101(k)(7)), as added by the amend24 ment made by subsection (a) of this section, not later than 


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1 the expiration of the 6-month period beginning on the date 

2 of the enactment of this Act. 

3 SEC. 206. APPEALS AND PUBLICATION OF PROJECTED SPE4 CIAL FLOOD HAZARD AREAS. 

5 (a) APPEALS.—Section 1363 of the National Flood In6 surance Act of 1968 (42 U.S.C. 4104) is amended— 

7 (1) in subsection (b), by striking the second sen8 tence and inserting the following: ‘‘Any owner or les9 see of real property within the community who be10 lieves the owner’s or lessee’s rights to be adversely af11 fected by the Administrator’s proposed determination 

12 may appeal such determination to the local govern13 ment no later than 90 days after the date of the sec14 ond publication.’’; 

15 (2) in subsection (d), by striking ‘‘subsection (e)’’ 

16 and inserting ‘‘subsection (f)’’; 

17 (3) by redesignating subsections (e), (f), and (g) 

18 as subsections (f), (g), and (h), respectively; and 

19 (4) by inserting after subsection (d) the following 

20 new subsection: 

21 ‘‘(e) DETERMINATION BY ADMINISTRATOR IN THE AB22 SENCE OF APPEALS.—If the Administrator has not received 

23 any appeals, upon expiration of the 90-day appeal period 

24 established under subsection (b) of this section the Adminis25 trator’s proposed determination shall become final. The 


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1 community shall be given a reasonable time after the Ad2 ministrator’s final determination in which to adopt local 

3 land use and control measures consistent with the Adminis4 trator’s determination.’’. 

5 (b) PUBLICATION.—Subsection (a) of section 1363 of 

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

7 4104(a)) is amended by striking ‘‘in the Federal Register’’. 

8 SEC. 207. COMMUNICATION AND OUTREACH REGARDING 

9 MAP CHANGES. 

10 Paragraph (1) of section 100216(d) of the Biggert11 Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 

12 4101b(d)(1)) is amended— 

13 (1) in subparagraph (B), by inserting ‘‘max14 imum’’ before ‘‘30-day period’’; and 

15 (2) in subparagraph (C), by inserting ‘‘max16 imum’’ before ‘‘30-day period’’. 

17 SEC. 208. ADOPTION OF PARTIAL FLOOD MAPS. 

18 Subsection (f) of section 1360 of the National Flood 

19 Insurance Act of 1968 (42 U.S.C. 4101(f)) is amended by 

20 adding at the end the following new flush matter: 

21 ‘‘Panels of the revised flood insurance rate maps for which 

22 no appeal has been submitted during the 90-day period re23 ferred to in subsection (b) shall be considered final.’’. 


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1 SEC. 209. NEW ZONE FOR LEVEE-IMPACTED AREAS. 

2 Section 1360 of the National Flood Insurance Act of 

3 1968 (42 U.S.C. 4101), as amended by the preceding provi4 sions of this Act, is further amended by adding at the end 

5 the following: 

6 ‘‘(l) LEVEE-IMPACTED AREAS.— 

7 ‘‘(1) IN GENERAL.—Subject to full implementa8 tion of subparagraphs (A)(iii) and (B) of section 

9 100216(b)(1) of the Biggert-Waters Flood Insurance 

10 Reform Act of 2012 (42 U.S.C. 4101b(b)(1)) and not11 withstanding any other provision of law, if a commu12 nity applies to the Administrator for the remapping 

13 of a levee-impacted area in which the pertinent levee 

14 system fails to meet the minimum design, operation, 

15 and maintenance standards of the National Flood In16 surance Program required for levee accreditation on 

17 a flood insurance rate map in accordance with the 

18 Levee Analysis Mapping Procedure initiated by the 

19 Administrator to replace the ‘without levees’ approach 

20 to a Flood Insurance Study, the Administrator 

21 shall— 

22 ‘‘(A) establish flood risk zones for those 

23 levee-impacted areas on such maps, to be known 

24 as ‘AL-E zones’, that have an established ele25 vation for community floodplain management; 

26 and 


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1 ‘‘(B) make flood insurance available to 

2 properties located within those levee-impacted 

3 areas. 

4 ‘‘(2) TRANSITION.—During the period beginning 

5 on the date of enactment of this subsection and ending 

6 on the date on which the Administrator develops rates 

7 for the various AL-E zones, a structure located in a 

8 portion of a community that is located within a levee9 impacted area described in paragraph (1) shall be eli10 gible for rates associated with areas of moderate flood 

11 hazards.’’. 

12 SEC. 210. AGRICULTURAL STRUCTURES IN SPECIAL FLOOD 

13 HAZARD ZONES. 

14 (a) REQUIREMENTS FOR STATE AND LOCAL LAND USE

15 CONTROLS.—Subsection (a) of section 1315 of the National 

16 Flood Insurance Act of 1968 (42 U.S.C. 4022(a)) is amend17 ed by adding at the end the following new paragraph: 

18 ‘‘(3) ALLOWABLE LOCAL VARIANCES FOR CER19 TAIN AGRICULTURAL STRUCTURES.— 

20 ‘‘(A) REQUIREMENT.—Notwithstanding any 

21 other provision of this Act— 

22 ‘‘(i) the land use and control measures 

23 adopted pursuant to paragraph (1) may 

24 not, for purposes of such paragraph, be con25 sidered to be inadequate or inconsistent 


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1 with the comprehensive criteria for land 

2 management and use under section 1361 be3 cause such measures provide that, in the 

4 case of any agricultural structure that is lo5 cated in an area having special flood haz6 ards, a variance from compliance with the 

7 requirements to elevate or floodproof such a 

8 structure and meeting the requirements of 

9 subparagraph (B) may be granted; and 

10 ‘‘(ii) the Administrator may not sus11 pend a community from participation in 

12 the national flood insurance program, or 

13 place such a community on probation under 

14 such program, because such land use and 

15 control measures provide for such a vari16 ance. 

17 This subparagraph shall not limit the ability of 

18 the Administrator to take enforcement action 

19 against a community that does not adopt ade20 quate variance criteria or establish proper en21 forcement mechanisms. 

22 ‘‘(B) VARIANCE; CONSIDERATIONS.—The re23 quirements of this subparagraph with respect to 

24 a variance are as follows: 


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1 ‘‘(i) The variance is granted by an of2 ficial from a duly constituted State or local 

3 zoning authority, or other authorized public 

4 body responsible for regulating land devel5 opment or occupancy in flood-prone areas. 

6 ‘‘(ii) In the case of new construction, 

7 such official has determined— 

8 ‘‘(I) that neither floodproofing nor 

9 elevation of the new structure to the 

10 base flood elevation is practicable; and 

11 ‘‘(II) that the structure is not lo12 cated in— 

13 ‘‘(aa) a designated regulatory 

14 floodway; 

15 ‘‘(bb) an area riverward of a 

16 levee or other flood control struc17 ture; or 

18 ‘‘(cc) an area subject to high 

19 velocity wave action or seaward of 

20 flood control structures. 

21 ‘‘(iii) In the case of existing struc22 tures— 

23 ‘‘(I) if such structure is substan24 tially damaged or in need of substan25 tial repairs or improvements, such offiVerDate Sep 11 2014 01:03 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6203 E:\BILLS\H3167.RH H3167

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1 cial has determined that neither 

2 floodproofing nor elevation to the base 

3 flood elevation is practicable; and 

4 ‘‘(II) if such structure is located 

5 within a designated regulatory flood6 way, such official has determined that 

7 the repair or improvement does not re8 sult in any increase in base flood levels 

9 during the base flood discharge. 

10 ‘‘(iv) Such official has determined that 

11 the variance will not result in increased 

12 flood heights, additional threats to public 

13 safety, extraordinary public expense, create 

14 nuisances, cause fraud on or victimization 

15 of the public, or conflict with existing local 

16 laws or ordinances. 

17 ‘‘(v) Not more than one claim payment 

18 exceeding $1,000 has been made for the 

19 structure under flood insurance coverage 

20 under this title within any period of 10 

21 consecutive years at any time prior to the 

22 granting of the variance. 

23 ‘‘(C) DEFINITIONS.—For purposes of this 

24 paragraph, the following definitions shall apply: 


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1 ‘‘(i) AGRICULTURAL STRUCTURE.—The 

2 term ‘agricultural structure’ has the mean3 ing given such term in paragraph (2)(D). 

4 ‘‘(ii) FLOODPROOFING.—The term 

5 ‘floodproofing’ means, with respect to a 

6 structure, any combination of structural 

7 and non-structural additions, changes, or 

8 adjustments to the structure, including at9 tendant utilities and equipment, that reduce 

10 or eliminate potential flood damage to real 

11 estate or improved real property, water and 

12 sanitary facilities, structures, or their con13 tents.’’. 

14 (b) PREMIUM RATES.—Section 1308 of the National 

15 Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended 

16 by adding at the end the following new subsection: 

17 ‘‘(n) PREMIUM RATES FOR CERTAIN AGRICULTURAL

18 STRUCTURES WITH VARIANCES.—Notwithstanding any 

19 other provision of this Act, the chargeable premium rate for 

20 coverage under this title for any structure provided a vari21 ance pursuant to section 1315(a)(3) shall be the same as 

22 the rate that otherwise would apply to such structure if the 

23 structure had been dry floodproofed or a comparable actu24 arial rate based upon the risk associated with structures 


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1 within the applicable AL-E zone established under section 

2 1360(l).’’. 

3 SEC. 211. TECHNICAL MAPPING ADVISORY COUNCIL. 

4 Paragraph (1) of section 100215(b) of the Biggert5 Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 

6 4101a(b)(1)) is amended— 

7 (1) by redesignating subparagraphs (A) through 

8 (E) as subparagraphs (B) through (F), respectively; 

9 (2) by inserting before subparagraph (B), as so 

10 redesignated by subparagraph (A) of this paragraph, 

11 the following new subparagraph: 

12 ‘‘(A) the Director of the United States Geo13 logical Survey;’’; and 

14 (3) in subparagraph (F), as so redesignated by 

15 paragraph (1) of this section— 

16 (A) in the matter preceding clause (i), by 

17 striking ‘‘16’’ and inserting ‘‘17’’; 

18 (B) in clause (xiii), by striking ‘‘and’’ at 

19 the end; 

20 (C) in clause (xiv), by striking the period at 

21 the end and inserting ‘‘; and’’; and 

22 (D) by adding at the end the following new 

23 clause: 

24 ‘‘(xv) a member of a recognized profes25 sional real estate brokerage association. 


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1 TITLE III—MITIGATION 

2 SEC. 301. INCREASED COST OF COMPLIANCE COVERAGE. 

3 Section 1304(b) of the National Flood Insurance Act 

4 of 1968 (42 U.S.C. 4011(b)) is amended— 

5 (1) in paragraph (4), by redesignating subpara6 graphs (A) through (D) as clauses (i) through (iv), re7 spectively; 

8 (2) by redesignating paragraphs (1) through (3) 

9 as subparagraphs (A) through (C), respectively (and 

10 by adjusting the margins accordingly); 

11 (3) in subparagraph (C) as so redesignated, by 

12 striking the period at the end and inserting a semi13 colon; 

14 (4) by redesignating paragraph (4) as subpara15 graph (E) (and by adjusting the margin accordingly); 

16 (5) by inserting after subparagraph (C), as so 

17 redesignated, the following: 

18 ‘‘(D) properties identified by the Adminis19 trator as priorities for mitigation activities be20 fore the occurrence of damage to or loss of prop21 erty which is covered by flood insurance; and’’; 

22 (6) by inserting before ‘‘The national flood insur23 ance program’’ the following:; 

24 ‘‘(1) IN GENERAL.—’’. 


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1 (7) by striking ‘‘The Administrator’’ and insert2 ing the following: 

3 ‘‘(2) PREMIUM.—The Administrator’’; and 

4 (8) by adding at the end the following new para5 graphs: 

6 ‘‘(3) AMOUNT OF COVERAGE.—Each policy for 

7 flood insurance coverage made available under this 

8 title shall provide coverage under this subsection hav9 ing an aggregate liability for any single property of 

10 $60,000. 

11 ‘‘(4) ELIGIBLE MITIGATION ACTIVITIES.— 

12 ‘‘(A) IN GENERAL.—Eligible mitigation 

13 methods the cost of which is covered by coverage 

14 provided under this subsection shall include— 

15 ‘‘(i) alternative methods of mitigation 

16 identified in the guidelines issued pursuant 

17 to section 1361(d); 

18 ‘‘(ii) pre-disaster mitigation projects 

19 for eligible structures (as such term is de20 fined in subparagraph (C)); and 

21 ‘‘(iii) costs associated with the pur22 chase, clearing, and stabilization of prop23 erty that is part of an acquisition or reloca24 tion program that complies with subpara25 graph (B). 


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1 ‘‘(B) ACQUISITION AND RELOCATION

2 PROJECT ELIGIBILITY AND REQUIREMENTS.— 

3 ‘‘(i) IN GENERAL.—An acquisition or 

4 relocation project shall be eligible to receive 

5 assistance pursuant to subparagraph 

6 (A)(iii) only if— 

7 ‘‘(I) any property acquired, ac8 cepted, or from which a structure will 

9 be removed shall be dedicated and 

10 maintained in perpetuity for a use 

11 that is compatible with open space, 

12 recreational, or wetlands management 

13 practices; and 

14 ‘‘(II) any new structure erected on 

15 such property will be— 

16 ‘‘(aa) a public facility that is 

17 open on all sides and functionally 

18 related to a designated open 

19 space; 

20 ‘‘(bb) a restroom; or 

21 ‘‘(cc) a structure that the Ad22 ministrator approves in writing 

23 before the commencement of the 

24 construction of the structure. 


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1 ‘‘(ii) FURTHER ASSISTANCE.—If an 

2 acquisition or relocation project is assisted 

3 pursuant to subparagraph (A)(iii)— 

4 ‘‘(I) no person may apply to a 

5 Federal entity for disaster assistance 

6 with regard to any property acquired, 

7 accepted, or from which a structure 

8 was removed as part of such acquisi9 tion or relocation project; and 

10 ‘‘(II) no Federal entity may pro11 vide disaster assistance for such prop12 erty. 

13 ‘‘(iii) REQUIREMENT TO MAINTAIN

14 FLOOD INSURANCE COVERAGE.— 

15 ‘‘(I) IN GENERAL.—Notwith16 standing any other provision of law, 

17 any assisted structure (as such term is 

18 defined in subclause (III)) shall, at all 

19 times, maintain insurance against 

20 flood damage, in accordance with Fed21 eral law, for the life of such structure. 

22 ‘‘(II) TRANSFER OF PROPERTY.— 

23 ‘‘(aa) DUTY TO NOTIFY.—If 

24 any part of a property on which 

25 an assisted structure is located is 


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1 transferred, the transferor shall, 

2 not later than the date on which 

3 such transfer occurs, notify the 

4 transferee in writing, including in 

5 all documents evidencing the 

6 transfer of ownership of the prop7 erty of the requirements, that such 

8 transferee is required to— 

9 ‘‘(AA) obtain flood in10 surance in accordance with 

11 applicable Federal law with 

12 respect to such assisted struc13 ture, if such structure is not 

14 so insured on the date on 

15 which the structure is trans16 ferred; and 

17 ‘‘(BB) maintain flood 

18 insurance in accordance with 

19 applicable Federal law with 

20 respect to such structure. 

21 ‘‘(bb) FAILURE TO NOTIFY.— 

22 If a transferor fails to make a no23 tification in accordance with item 

24 (aa) and such assisted structure is 

25 damaged by a flood disaster, the 


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1 transferor shall pay the Federal 

2 Government an amount equal to 

3 the amount of any disaster relief 

4 provided by the Federal govern5 ment with respect to such assisted 

6 structure. 

7 ‘‘(III) ASSISTED STRUCTURE DE8 FINED.—For the purposes of this 

9 clause, the term ‘assisted structure’ 

10 means a structure on property that is 

11 part of an acquisition or relocation 

12 project assisted pursuant to subpara13 graph (A) that was, as part of such ac14 quisition or relocation project— 

15 ‘‘(aa) altered; 

16 ‘‘(bb) improved; 

17 ‘‘(cc) replaced; 

18 ‘‘(dd) repaired; or 

19 ‘‘(ee) restored. 

20 ‘‘(C) ELIGIBLE STRUCTURE DEFINED.—For 

21 purposes of this paragraph, the term ‘eligible 

22 structure’ means any structure that— 

23 ‘‘(i) was constructed in compliance 

24 with the Flood Insurance Rate Map and 


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1 local building and zoning codes in effect at 

2 the date of construction of the structure; and 

3 ‘‘(ii) has not previously been altered, 

4 improved, replaced, or repaired using as5 sistance provided under this subsection. 

6 ‘‘(5) TREATMENT OF COVERAGE LIMITS.—Any 

7 amount of coverage for a property provided pursuant 

8 to this subsection shall not be considered or counted 

9 for purposes of any limitation on coverage applicable 

10 to such property under section 1306(b) (42 U.S.C. 

11 4013(b)) and any claim on such coverage shall not be 

12 considered a claim for purposes of section 1307(h) or 

13 subsection (a)(3) or (h)(3) of section 1366. 

14 ‘‘(6) IMPLEMENTATION.—Notwithstanding any 

15 other provision of law, the Administrator may imple16 ment this subsection by adopting one or more stand17 ard endorsements to the Standard Flood Insurance 

18 Policy by publication of such standards in the Fed19 eral Register, or by comparable means.’’. 

20 SEC. 302. MULTIPLE-LOSS PROPERTIES. 

21 (a) FINANCIAL ASSISTANCE.—Section 1361 of the Na22 tional Flood Insurance Act of 1968 (42 U.S.C. 4102) is 

23 amended by adding at the end the following new subsection: 

24 ‘‘(e) MULTIPLE-LOSS PROPERTIES.—In making deter25 minations regarding financial assistance under the authoriVerDate Sep 11 2014 01:03 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6203 E:\BILLS\H3167.RH H3167

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1 ties of this Act, the Administrator may consider the extent 

2 to which a community is working to remedy problems with 

3 addressing multiple-loss properties.’’. 

4 (b) DEFINITIONS.—Subsection (a) of section 1370 of 

5 the National Flood Insurance Act of 1968 (42 U.S.C. 4121) 

6 is amended— 

7 (1) by redesignating paragraphs (8) through (15) 

8 as paragraphs (11) through (18), respectively; and 

9 (2) by striking paragraph (7) and inserting the 

10 following new paragraphs: 

11 ‘‘(7) MULTIPLE-LOSS PROPERTY.—The term 

12 ‘multiple-loss property’ means any property that is a 

13 repetitive-loss property, a severe repetitive-loss prop14 erty, or an extreme repetitive-loss property. 

15 ‘‘(8) REPETITIVE-LOSS PROPERTY.—The term 

16 ‘repetitive-loss property’ means a structure that has 

17 incurred flood-related damage for which 2 or more 

18 separate claims payments of any amount in excess of 

19 the loss-deductible for damage to the covered structure 

20 have been made under flood insurance coverage under 

21 this title. 

22 ‘‘(9) SEVERE REPETITIVE-LOSS PROPERTY.—The 

23 term ‘severe repetitive-loss property’ means a struc24 ture that has incurred flood-related damage for 

25 which— 


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1 ‘‘(A) 4 or more separate claims payments 

2 have been made under flood insurance coverage 

3 under this title, with the amount of each such 

4 claim exceeding $5,000, and with the cumulative 

5 amount of such claims payments exceeding 

6 $20,000; or 

7 ‘‘(B) at least 2 separate claims payments 

8 have been made under flood insurance coverage 

9 under this title, with the cumulative amount of 

10 such claims payments exceeding the value of the 

11 structure. 

12 ‘‘(10) EXTREME REPETITIVE-LOSS PROPERTY.— 

13 The term ‘extreme repetitive-loss property’ means a 

14 structure that has incurred flood-related damage for 

15 which at least 2 separate claims have been made 

16 under flood insurance coverage under this title, with 

17 the cumulative amount of such claims payments ex18 ceeding 150 percent of the maximum coverage amount 

19 available for the structure.’’. 

20 (c) CONFORMING AMENDMENTS.—The National Flood 

21 Insurance Act of 1968 is amended— 

22 (1) in section 1304(b)(1)(A) (42 U.S.C. 

23 4011(b)(1)(A)), as amended by section 301 of this Act, 

24 by striking ‘‘repetitive loss structures’’ and inserting 

25 ‘‘repetitive-loss properties’’; 


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1 (2) in section 1307 (42 U.S.C. 4014)— 

2 (A) in subsection (a)(2)(B), by striking ‘‘re3 petitive loss property’’ and inserting ‘‘repetitive4 loss property’’; 

5 (B) in subsection (g)(2)(B), by striking 

6 clauses (i) and (ii) and inserting the following: 

7 ‘‘(i) an extreme repetitive-loss prop8 erty; or 

9 ‘‘(ii) a severe repetitive-loss property.’’; 

10 (C) by striking subsection (h); and 

11 (D) by redesignating subsection (i), as 

12 added by the preceding provisions of this Act, as 

13 subsection (h); 

14 (3) in section 1315(a)(2)(A)(i) (42 U.S.C. 

15 4022(a)(2)(A)(i)), by striking ‘‘repetitive loss struc16 ture’’ and inserting ‘‘repetitive-loss property’’; and 

17 (4) in section 1366 (42 U.S.C. 4104c)— 

18 (A) in subsection (a)(2), by striking ‘‘repet19 itive loss structures’’ and inserting ‘‘repetitive20 loss properties’’; 

21 (B) in subsection (c)(2)(A)(ii), by striking 

22 ‘‘repetitive loss structures’’ and inserting ‘‘mul23 tiple-loss properties’’; 

24 (C) in subsection (d)— 

25 (i) in paragraph (1)— 


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1 (I) in the paragraph heading, by 

2 striking ‘‘REPETITIVE LOSS STRUC3 TURES’’ and inserting ‘‘REPETITIVE4 LOSS AND EXTREME REPETITIVE LOSS

5 PROPERTIES’’; and 

6 (II) in the matter preceding sub7 paragraph (A), by striking ‘‘repetitive 

8 loss structures’’ and inserting ‘‘repet9 itive-loss properties or extreme repet10 itive-loss properties’’; and 

11 (ii) in paragraph (2)— 

12 (I) in the paragraph heading, by 

13 striking ‘‘REPETITIVE LOSS STRUC14 TURES’’ and inserting ‘‘REPETITIVE15 LOSS PROPERTIES’’; and 

16 (II) by striking ‘‘repetitive loss 

17 structures’’ and inserting ‘‘repetitive18 loss properties’’; and 

19 (D) in subsection (h), by striking para20 graphs (2) and (3). 

21 SEC. 303. PREMIUM RATES FOR CERTAIN MITIGATED PROP22 ERTIES. 

23 (a) MITIGATION STRATEGIES.—Paragraph (1) of sec24 tion 1361(d) of the National Flood Insurance Act of 1968 

25 (42 U.S.C. 4102(d)(1)) is amended— 


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1 (1) in subparagraph (A), by striking ‘‘and’’ at 

2 the end; 

3 (2) in subparagraph (B), by striking ‘‘and’’ at 

4 the end; and 

5 (3) by inserting after subparagraph (B) the fol6 lowing new subparagraphs: 

7 ‘‘(C) with respect to buildings in dense 

8 urban environments, methods that can be de9 ployed on a block or neighborhood scale; and 

10 ‘‘(D) elevation of mechanical or other crit11 ical systems; and’’. 

12 (b) MITIGATION CREDIT.—Subsection (k) of section 

13 1308 of the National Flood Insurance Act of 1968 (42 

14 U.S.C. 4015(k)) is amended— 

15 (1) by striking ‘‘shall take into account’’ and in16 serting the following: ‘‘shall— 

17 ‘‘(1) take into account’’; 

18 (2) in paragraph (1), as so designated by the 

19 amendment made by paragraph (1) of this subsection, 

20 by striking the period at the end and inserting ‘‘; 

21 and’’; and 

22 (3) by adding at the end the following new para23 graph: 

24 ‘‘(2) offer a reduction of the risk premium rate 

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1 ministrator, if the policyholder implements any miti2 gation method described in paragraph (1).’’. 

3 SEC. 304. COVERAGE FOR COOPERATIVES. 

4 (a) EQUAL TREATMENT WITH CONDOMINIUMS.—Sec5 tion 1306 of the National Flood Insurance Act of 1968 (42 

6 U.S.C. 4013), as amended by the preceding provisions of 

7 this Act is further amended by adding at the end the fol8 lowing: 

9 ‘‘(f) COOPERATIVE BUILDINGS.—Notwithstanding any 

10 other provision of law, the Administrator shall make flood 

11 insurance coverage available to any individual with a 

12 membership interest and occupancy agreement in a cooper13 ative housing project on the same terms as any owner of 

14 a condominium.’’. 

15 (b) PAYMENT OF CLAIMS.—Section 1312 of the Na16 tional Flood Insurance Act of 1968 (42 U.S.C. 4019) is 

17 amended— 

18 (1) in subsection (c)— 

19 (A) by striking ‘‘flood insurance to condo20 minium owners’’ and inserting the following: 

21 ‘‘flood insurance— 

22 ‘‘(1) to condominium owners’’; and 

23 (B) by striking the period at the end and 

24 inserting ‘‘; or’’; and 

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


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1 ‘‘(2) to individuals with a membership interest 

2 and occupancy agreement in a cooperative housing 

3 project who purchased such flood insurance separate 

4 and apart from the flood insurance purchased by the 

5 cooperative association in which such individual is a 

6 member, based solely, or in any part, on the flood in7 surance coverage of the cooperative association or oth8 ers on the overall property owned by the cooperative 

9 association.’’; and 

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

11 ‘‘(d) DEFINITIONS.—For purposes of this section and 

12 section 1306(e), the terms ‘cooperative association’ and ‘co13 operative housing project’ shall have such meaning as the 

14 Secretary shall provide.’’. 

15 SEC. 305. VOLUNTARY COMMUNITY-BASED FLOOD INSUR16 ANCE PILOT PROGRAM. 

17 (a) ESTABLISHMENT.—The Administrator of the Fed18 eral Emergency Management Agency (in this section re19 ferred to as the ‘‘Administrator’’) shall carry out a commu20 nity-based flood insurance pilot program to make available, 

21 for purchase by participating communities, a single, com22 munity-wide flood insurance policy under the National 

23 Flood Insurance Program that— 

24 (1) covers all residential and non-residential 

25 properties within the community; and 


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1 (2) satisfies, for all such properties within the 

2 community, the mandatory purchase requirements 

3 under section 102 of the Flood Disaster Protection Act 

4 of 1973 (42 U.S.C. 4012a). 

5 (b) PARTICIPATION.—Participation by a community 

6 in the pilot program under this section shall be at the sole 

7 discretion of the community. 

8 (c) REQUIREMENTS FOR COMMUNITY-WIDE POLI9 CIES.—The Administrator shall ensure that a community10 wide flood insurance policy made available under the pilot 

11 program under this section incorporates the following re12 quirements: 

13 (1) A mapping requirement for properties cov14 ered by the policy. 

15 (2) A deductible. 

16 (3) Certification or accreditation of mitigation 

17 infrastructure when available and appropriate. 

18 (4) A community audit. 

19 (5) A method of preventing redundant claims 

20 payments by the National Flood Insurance Program 

21 in the case of a claim by an individual property 

22 owner who is covered by a community-wide flood in23 surance policy and an individual policy obtained 

24 through the Program. 


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1 (6) Coverage for damage arising from flooding 

2 that complies with the standards under the National 

3 Flood Insurance Program appropriate to the nature 

4 and type of property covered. 

5 (d) TIMING.—The Administrator shall establish the 

6 demonstration program under this section not later than 

7 the expiration of the 180-day period beginning on the date 

8 of the enactment of this Act and the program shall termi9 nate on September 30, 2022. 

10 (e) DEFINITION OF COMMUNITY.—For purposes of this 

11 section, the term ‘‘community’’ means any unit of local gov12 ernment, within the meaning given such term under the 

13 laws of the applicable State. 

14 SEC. 306. MITIGATION FUNDING. 

15 For each of the first 5 fiscal years beginning after fol16 lowing the date of the enactment of this Act, there is author17 ized to be appropriated $200,000,000 to carry out the flood 

18 mitigation assistance grant program under section 1366 of 

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

20 4104c). 

21 SEC. 307. COMMUNITY RATING SYSTEM IMPROVEMENTS. 

22 (a) PROVISION OF COMMUNITY RATING SYSTEM PRE23 MIUM CREDITS TO MAXIMUM NUMBER OF COMMUNITIES

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1 tional Flood Insurance Act of 1968 (42 U.S.C. 4022(b)) is 

2 amended— 

3 (1) in paragraph (2), by striking ‘‘may’’ and in4 serting ‘‘shall’’; and 

5 (2) in paragraph (3), by inserting ‘‘, and the 

6 Administrator shall provide credits to the maximum 

7 number of communities practicable’’ after ‘‘under this 

8 program’’. 

9 (b) GRANTS FOR COMMUNITY RATING SYSTEM PRO10 GRAM COORDINATORS.—Section 1315 of the National Flood 

11 Insurance Act of 1968 (42 U.S.C. 4022) is amended by add12 ing at the end the following new subsection: 

13 ‘‘(c) GRANTS FOR COMMUNITY RATING SYSTEM PRO14 GRAM COORDINATORS.— 

15 ‘‘(1) AUTHORITY.—The Administrator shall 

16 carry out a program to make grants to consortia of 

17 States and communities for use only for costs of em18 ploying or otherwise retaining an individual or indi19 viduals to coordinate and carry out responsibilities 

20 relating to participation in the community rating 

21 system program under subsection (b) for States and 

22 communities that are members of such consortia. 

23 ‘‘(2) ELIGIBILITY.—The Administrator shall es24 tablish such criteria as the Administrator considers 

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1 nities to be eligible for grants under this subsection, 

2 which shall include requiring a consortium to provide 

3 evidence to the Administrator that the consortium has 

4 sufficient authority and administrative capability to 

5 use grant amounts in accordance with this subsection 

6 on behalf of its member jurisdictions. 

7 ‘‘(3) TIMING.—A consortium receiving a grant 

8 under this section shall establish the position or posi9 tions described in paragraph (1), and employ or oth10 erwise retain an individual or individuals to fill such 

11 position or positions, not later than the date that all 

12 such grant amounts are expended. 

13 ‘‘(4) APPLICATIONS.—The Administrator shall 

14 provide for consortia of States and communities to 

15 submit applications for grants under this subsection, 

16 which shall include— 

17 ‘‘(A) the evidence referred to in paragraph 

18 (2); 

19 ‘‘(B) such assurances as the Administrator 

20 shall require to ensure compliance with the re21 quirement under paragraph (3); 

22 ‘‘(C) such assurances as the Administrator 

23 shall require to ensure that the consortia will 

24 provide funding sufficient to continue the posi25 tion or positions funded with the grant amounts, 


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1 in the same annual amount as under such grant 

2 funding, after such grant funds are expended; 

3 and 

4 ‘‘(D) such other information as the Admin5 istrator may require. 

6 ‘‘(5) SELECTION.—From among eligible con7 sortia of States and communities submitting applica8 tions pursuant to paragraph (3), the Administrator 

9 shall select consortia to receive grants under this sub10 section in accordance with such competitive criteria 

11 for such section as the Administrator shall establish. 

12 ‘‘(6) DEFINITION OF COMMUNITY.—For purposes 

13 of this section, the term ‘community’ has the meaning 

14 given such term in section 1366(h) (42 U.S.C. 

15 4104c(h)), except that such term includes counties 

16 and regional planning authorities that do not have 

17 zoning and building code jurisdiction. 

18 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

19 There is authorized to be appropriated for grants 

20 under this subsection— 

21 ‘‘(A) $7,000,000 for the first fiscal year 

22 commencing after the expiration of the 4-month 

23 period beginning on the date of the enactment of 

24 this Act; and 


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1 ‘‘(B) $7,000,000 for each of the four con2 secutive fiscal years thereafter.’’. 

3 SEC. 308. COMMUNITY ASSISTANCE PROGRAM FOR EFFEC4 TIVE FLOODPLAIN MANAGEMENT. 

5 (a) IN GENERAL.—Chapter I of the National Flood In6 surance Act of 1968 (42 U.S.C. 4011 et seq.), as amended 

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

8 by adding at the end the following: 

9 ‘‘SEC. 1327. COMMUNITY ASSISTANCE PROGRAM FOR EF10 FECTIVE FLOODPLAIN MANAGEMENT. 

11 ‘‘(a) IN GENERAL.—The Administrator shall establish 

12 a community assistance program under this section to in13 crease the capacity and capability of States, Indian tribes, 

14 and communities to effectively manage flood risk and par15 ticipate in the national flood insurance program, including 

16 the community rating system program under section 

17 1315(b), by providing financial and technical assistance to 

18 States, tribes and communities. 

19 ‘‘(b) COMPONENTS.—The community assistance pro20 gram under this program shall include— 

21 ‘‘(1) making community assistance grants under 

22 subsection (c) to States; 

23 ‘‘(2) conducting periodic assessments, not less 

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1 ance and training needs of States, Indian tribes, and 

2 communities; 

3 ‘‘(3) providing technical assistance and training 

4 to States, Indian tribes, and communities in accord5 ance with the needs identified by such assessments; 

6 ‘‘(4) conducting periodic reviews of State, Indian 

7 tribe, and community floodplain management stand8 ards by the Administrator to promote continuous im9 provement in building and maintaining effective 

10 State floodplain management programs (as such term 

11 is defined in subsection (d)); 

12 ‘‘(5) conducting periodic estimates of the losses 

13 avoided nationally due to the adoption of qualifying 

14 floodplain management standards by States, Indian 

15 tribes and communities; 

16 ‘‘(6) in coordination with each State receiving a 

17 grant under subsection (c), developing and executing 

18 a strategy to— 

19 ‘‘(A) provide technical and financial assist20 ance to communities, including small and rural 

21 communities, and Indian tribes within the State; 

22 and 

23 ‘‘(B) encourage greater participation in the 

24 community rating system program; and 


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1 ‘‘(7) establishing goals for States participating 

2 in the program and incentives for exceeding such 

3 goals. 

4 ‘‘(c) COMMUNITY ASSISTANCE GRANTS TO STATES.— 

5 ‘‘(1) IN GENERAL.—Under the program under 

6 this section the Administrator may award grants to 

7 States, which shall be used only— 

8 ‘‘(A) to increase the capacity and capability 

9 of the State and communities and Indian tribes 

10 in the State to effectively manage flood risk and 

11 to fully participate in the national flood insur12 ance program, including the community rating 

13 system program; and 

14 ‘‘(B) for activities related to implementa15 tion, administration, oversight, and enforcement 

16 of the national flood insurance program at the 

17 State and local and tribal levels. 

18 ‘‘(2) GUIDELINES.—The Administrator shall es19 tablish guidelines governing the use of grant funds 

20 under this subsection, including setting forth activi21 ties eligible to be funded with such amounts. 

22 ‘‘(3) ELIGIBILITY.—To be eligible to receive a 

23 grant under this subsection, a State shall— 

24 ‘‘(A) demonstrate, to the satisfaction of the 

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1 fying State floodplain management standards for 

2 the State; 

3 ‘‘(B) agree to submit such reports, certifi4 cations, and information to the Administrator as 

5 the Administrator shall require, including those 

6 required under paragraph (5); and 

7 ‘‘(C) meet any additional eligibility re8 quirements as the Administrator may require. 

9 ‘‘(4) APPLICATION; SELECTION CRITERIA.—The 

10 Administrator shall provide for States to submit ap11 plications for grants under this subsection, which 

12 shall include such information, assurances, and cer13 tifications as the Administrator may require, and 

14 may establish criteria for selection of qualifying ap15 plications to be selected for grants under this sub16 section. 

17 ‘‘(5) ONGOING REVIEW OF FLOODPLAIN MANAGE18 MENT STANDARDS.—Each State that is awarded 

19 funds under this section shall provide periodic re20 ports, certifications, and information regarding the 

21 floodplain management standards of such State as the 

22 Administrator may require for the duration of the use 

23 of grant amounts. 

24 ‘‘(d) DEFINITIONS.—For purposes of this section: 


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1 ‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’ has 

2 the meaning given such term in section 4 of the Na3 tive American Housing Assistance and Self-Deter4 mination Act of 1996 (25 U.S.C. 4103). 

5 ‘‘(2) QUALIFYING STATE FLOODPLAIN MANAGE6 MENT STANDARDS.—The term ‘qualifying State flood7 plain management standards’ means the floodplain 

8 management standards of a State that— 

9 ‘‘(A) are specifically authorized under State 

10 law and do not conflict with or inhibit the im11 plementation of the National Flood Insurance 

12 Act of 1968; 

13 ‘‘(B) designate an entity responsible for co14 ordinating the national flood insurance program 

15 in the State; 

16 ‘‘(C) identify State resources and programs 

17 to manage floodplains and reduce flood risk; 

18 ‘‘(D) address on a long-term basis— 

19 ‘‘(i) integration of floodplain manage20 ment activities with other State functions 

21 and activities; 

22 ‘‘(ii) identification of flood hazards; 

23 ‘‘(iii) management of natural flood24 plain functions and resources; 


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1 ‘‘(iv) elimination of adverse impacts of 

2 development on the floodplain; 

3 ‘‘(v) flood mitigation and recovery 

4 strategies for the State; 

5 ‘‘(vi) strategies for informing commu6 nities and citizens about flood risk and 

7 mitigation options; and 

8 ‘‘(vii) measures for evaluating the effec9 tiveness of State floodplain management ef10 forts; 

11 ‘‘(E) include a long-term plan that will fa12 cilitate the prioritization and provision of train13 ing and technical assistance to communities and 

14 Indian tribes in the State to increase local and 

15 tribal capacity and capability for floodplain 

16 management, including the capacity and capa17 bility to participate in the national flood insur18 ance program and the community rating system 

19 program; 

20 ‘‘(F) provide for oversight, administration 

21 and enforcement of the national flood insurance 

22 program at the State and community levels; and 

23 ‘‘(G) meet such other requirements as the 

24 Administrator may establish. 

25 ‘‘(e) FUNDING.— 


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1 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated $20,000,000 

3 for each of fiscal years 2019 through 2024 for the Na4 tional Flood Insurance Fund for carrying out this 

5 section. Any amounts appropriated pursuant to this 

6 subsection shall remain available until expended. 

7 ‘‘(2) SET-ASIDES.—From any amounts made 

8 available for grants under this section, the Adminis9 trator may reserve such amount as the Administrator 

10 considers appropriate— 

11 ‘‘(A) for community assistance grants under 

12 subsection (c) to States; and 

13 ‘‘(B) for additional assistance only for 

14 States exceeding the goals established pursuant to 

15 subsection (b)(8).’’. 

16 (b) USE OF NATIONAL FLOOD INSURANCE FUND

17 AMOUNTS.—Subsection (a) of section 1310 of the National 

18 Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is amend19 ed— 

20 (1) in paragraph (7), by striking ‘‘and’’ at the 

21 end; 

22 (2) in paragraph (8), by striking the period at 

23 the end and inserting ‘‘; and’’; and 

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


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1 ‘‘(9) for carrying out the community assistance 

2 program for effective floodplain management under 

3 section 1327.’’. 

4 TITLE IV—MODERNIZATION 

5 SEC. 401. EFFECT OF PRIVATE FLOOD INSURANCE COV6 ERAGE ON CONTINUOUS COVERAGE RE7 QUIREMENTS. 

8 Section 1308 of the National Flood Insurance Act of 

9 1968 (42 U.S.C. 4015), as amended by the preceding provi10 sions of this Act, is further amended by adding at the end 

11 the following: 

12 ‘‘(o) EFFECT OF PRIVATE FLOOD INSURANCE COV13 ERAGE ON CONTINUOUS COVERAGE REQUIREMENTS.—For 

14 purposes of applying any statutory, regulatory, or adminis15 trative continuous coverage requirement, including under 

16 section 1307(g)(1), the Administrator shall consider any pe17 riod during which a property was continuously covered by 

18 a flood insurance policy, either offered through the national 

19 flood insurance program or private market, that was used 

20 to satisfy the requirements under section 102(a) of the Flood 

21 Disaster Protection Act of 1973 (42 U.S.C. 4012a(a)) to be 

22 a period of continuous coverage.’’. 

23 SEC. 402. OPTIONAL COVERAGE FOR UMBRELLA POLICIES. 

24 Subsection (b) of section 1306 of the National Flood 

25 Insurance Act of 1968 (42 U.S.C. 4013(b)), is amended— 


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

2 end; 

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

4 the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new para6 graph: 

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

8 case of any commercial property or other residential 

9 property, including multifamily rental property and 

10 agricultural property, one umbrella policy be made 

11 available to every insured upon renewal and every 

12 applicant with multiple structures on the same prop13 erty, except that— 

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

15 the option of the insured; and 

16 ‘‘(B) any such coverage shall be made avail17 able only at chargeable rates that are not less 

18 than the estimated premium rates for such cov19 erage determined in accordance with section 

20 1307(a)(1).’’. 

21 SEC. 403. ANNUAL INDEPENDENT ACTUARIAL STUDY. 

22 Part C of chapter II of the National Flood Insurance 

23 Act of 1968 (42 U.S.C. 4081 et seq.) is amended by adding 

24 at the end the following new section: 


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1 ‘‘SEC. 1349. ANNUAL INDEPENDENT ACTUARIAL STUDY. 

2 ‘‘The Administrator shall provide for an independent 

3 actuarial study of the National Flood Insurance Program 

4 to be conducted annually, which shall analyze the financial 

5 position of the Program. The Administrator shall submit 

6 a report annually to the Congress describing the results of 

7 such study and assessing the financial status of the Pro8 gram. The report shall recommend adjustments to under9 writing standards, program participation, or premiums, if 

10 necessary, to ensure that the Program remains financially 

11 sound. The report shall also include an evaluation of the 

12 quality control procedures and accuracy of information uti13 lized in the process of underwriting National Flood Insur14 ance Program policies. Such evaluation shall include a re15 view of the risk characteristics of policies.’’. 

16 SEC. 404. SHARING OF AND ACCESS TO INFORMATION. 

17 (a) IN GENERAL.—Section 1313 of the National Flood 

18 Insurance Act of 1968 (42 U.S.C. 4020) is amended— 

19 (1) by inserting after the section enumerator the 

20 following: ‘‘(a) AVAILABILITY TO PUBLIC AND STATE

21 AGENCIES.—’’; and 

22 (2) by adding at the end the following new sub23 sections: 

24 ‘‘(b) EXCHANGE OF NFIP AND PRIVATE FLOOD INSUR25 ANCE POLICY AND CLAIMS INFORMATION.—The Adminis26 trator may provide to each private insurer that sells covVerDate Sep 11 2014 01:03 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6203 E:\BILLS\H3167.RH H3167

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1 erage that meets, at a minimum, the definition of private 

2 flood insurance under section 102(b) of the Flood Disaster 

3 Protection Act of 1973 (42 U.S.C. 4012a(b)), current and 

4 historical property-specific information that is available to 

5 the Administration on flood insurance program coverage, 

6 flood damage assessments, and payment of claims, but only 

7 if the following conditions are met: 

8 ‘‘(1) Each private insurer receiving such data 

9 shall provide to the Administrator current and histor10 ical property-specific information, generated through 

11 the sale of the flood insurance that meets such defini12 tion of private flood insurance, by the private insurer 

13 on flood insurance coverage, flood damage assess14 ments, and payment of claims. 

15 ‘‘(2) Such information obtained under para16 graph shall be made available as required by sub17 sections (c) and (d). 

18 ‘‘(c) HOMEOWNER ACCESS TO NFIP AND PRIVATE

19 POLICY AND CLAIMS INFORMATION.—Upon request by the 

20 current owner of a property, the Administrator shall pro21 vide to the owner any current and historical information 

22 available to the Administrator, including information ob23 tained under subsection (b)(1), on insurance coverage, dam24 age assessments, and payment of claims concerning such 

25 property of the owner. In addition, the Administrator shall 


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1 provide information the Administrator may have on wheth2 er the property owner may be required to purchase flood 

3 insurance coverage due to previous receipt of federal dis4 aster assistance, including assistance provided by the Small 

5 Business Administration, the Department of Housing and 

6 Urban Development, the Federal Emergency Management 

7 Agency, or any other type of assistance subject to the man8 datory purchase requirement under section 102 of the Flood 

9 Disaster Protection Act of 1973. 

10 ‘‘(d) HOMEBUYER ACCESS TO FLOOD INSURANCE IN11 FORMATION.—Notwithstanding section 552a(b) of title 5, 

12 United States Code, not later than 14 days after a request 

13 for such information by a buyer under contract for purchase 

14 of a property, the Administrator shall provide to the buyer 

15 the following information: 

16 ‘‘(1) The number and dollar value of claims filed 

17 for the property, over the life of the property, under 

18 a flood insurance policy made available under this 

19 title. 

20 ‘‘(2) Such other available information about the 

21 property as determined by the Administrator to accu22 rately and adequately characterize the true flood risk 

23 to the property. 

24 ‘‘(3) A notice to the recipient of the information 

25 that the information provided may only be utilized by 


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1 the recipient alone and only for the purposes of 

2 homebuying.’’. 

3 (b) EFFECTIVE DATE.—Subsection (d) of section 1313 

4 of the National Flood Insurance Act of 1968, as added by 

5 the amendment made by subsection (a)(2) of this section, 

6 shall take effect beginning upon the expiration of the 12- 

7 month period that begins on the date of the enactment of 

8 this Act. 

9 SEC. 405. ELEVATION CERTIFICATES. 

10 Chapter I of the National Flood Insurance Act of 1968 

11 (42 U.S.C. 4011 et seq.), as amended by the preceding pro12 visions of this Act, is further amended by adding at the 

13 end the following: 

14 ‘‘SEC. 1328. ELEVATION CERTIFICATES. 

15 ‘‘Surveyed elevation data and other information relat16 ing to a building that is recorded on a National Flood In17 surance Program Elevation Certificate by an individual li18 censed to record that information shall continue to be in 

19 effect, and the Elevation Certificate shall not expire, until 

20 the date on which there is an alteration in the building.’’. 

21 SEC. 406. LEVERAGING RISK TRANSFER OPPORTUNITIES 

22 FOR A SOUND FINANCIAL FRAMEWORK. 

23 (a) IN GENERAL.—Subsection (e) of section 1345 of 

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

25 4081(e)) is amended— 


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1 (1) by striking ‘‘(e) RISK TRANSFER.—The Ad2 ministrator’’ and inserting the following: 

3 ‘‘(e) LEVERAGING RISK TRANSFER OPPORTUNITIES

4 FOR A SOUND FINANCIAL FRAMEWORK.— 

5 ‘‘(1) AUTHORITY.—The Administrator’’; and 

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

7 ‘‘(2) LEVERAGING RISK TRANSFER OPPORTUNI8 TIES.—On an annual basis, the Administrator shall 

9 evaluate ceding a portion of the risk of the flood in10 surance program under this title to the private rein11 surance or capital markets, or any combination there12 of, if the Administrator determines— 

13 ‘‘(A) the rates and terms are reasonable and 

14 appropriate; and 

15 ‘‘(B) doing so would further the develop16 ment and maintenance of a sound financial 

17 framework for the National Flood Insurance Pro18 gram.’’. 

19 (b) EFFECTIVE DATE.—The amendments made by sub20 section (a) shall become effective upon the expiration of the 

21 18-month period that begins upon the date of the enactment 

22 of this Act. 


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1 SEC. 407. WRITE-YOUR-OWN ARRANGEMENTS. 

2 Section 1345 of the National Flood Insurance Act of 

3 1968 (42 U.S.C. 4081) is amended by adding at the end 

4 the following new subsections: 

5 ‘‘(f) AUTHORITY TO TERMINATE WRITE YOUR OWN

6 ARRANGEMENTS.—The Administrator may cancel any 

7 Write Your Own (as such term is defined in section 

8 100202(a) of the Biggert-Waters Flood Insurance Reform 

9 Act of 2012 (42 U.S.C. 4004)) arrangement in its entirety 

10 upon 30 days written notice to the Write Your Own com11 pany involved by certified mail stating one of the following 

12 reasons for such cancellation: 

13 ‘‘(1) Fraud or misrepresentation by the company 

14 after the inception of the arrangement. 

15 ‘‘(2) Nonpayment to the Administrator of any 

16 amount due. 

17 ‘‘(3) Material failure to comply with the require18 ments of the arrangement or with the written stand19 ards, procedures, or guidance issued by the Adminis20 trator relating to the National Flood Insurance Pro21 gram and applicable to the company. 

22 ‘‘(g) STANDARDIZED FEE AUTHORITY.—The Adminis23 trator may establish and implement a standardized fee 

24 schedule for all engineering services provided in connection 

25 with flood insurance coverage provided under this title by 

26 means of a Write Your Own arrangement.’’. 


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1 SEC. 408. STUDY ON INCREASING PARTICIPATION. 

2 (a) IN GENERAL.—The Comptroller General of the 

3 United States shall conduct a study that proposes to ad4 dress, through programmatic and regulatory changes, how 

5 to increase participation in flood insurance coverage. 

6 (b) ISSUES.—In conducting the study under subsection 

7 (a), the Comptroller General shall consider the following: 

8 (1) Expanding participation in flood insurance 

9 coverage, beyond areas having special flood hazards, 

10 to areas of moderate or minimal flood hazard risk. 

11 (2) Automatically enrolling consumers in flood 

12 insurance while providing consumers the opportunity 

13 to decline enrollment. 

14 (3) Bundling flood insurance coverage that di15 versifies risk across all or multiple-peril forms. 

16 (c) DETERMINATIONS.—In conducting the study under 

17 subsection (a), the Comptroller General shall determine the 

18 following: 

19 (1) The percentage of properties with federally 

20 backed mortgages located in an area having special 

21 flood hazards that are covered by flood insurance that 

22 satisfies the requirement under section 102(b) of the 

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

24 4012a(b)). 

25 (2) The percentage of properties with federally 

26 backed mortgages located in the 500-year floodplain 


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1 that are covered by flood insurance that would satisfy 

2 the requirement described in paragraph (1) if that re3 quirement applied to such properties. 

4 (d) REPORT.—Not later than 18 months after the date 

5 of enactment of this Act, the Comptroller General of the 

6 United States shall submit a report on the study conducted 

7 under subsection (a) to the Committee on Financial Serv8 ices of the House of Representatives and the Committee on 

9 Banking, Housing, and Urban Affairs of the Senate. 

10 (e) DEFINITIONS.—For purposes of this section— 

11 (1) the term ‘‘500-year floodplain’’ has the mean12 ing given the term in section 100202(a) of the 

13 Biggert-Waters Flood Insurance Reform Act of 2012 

14 (40 U.S.C. 4004(a)); 

15 (2) the terms ‘‘Federal agency lender’’, ‘‘im16 proved real estate’’, and ‘‘regulated lending institu17 tion’’ have the meanings given such terms in section 

18 3(a) of the Flood Disaster Protection Act of 1973 (42 

19 U.S.C. 4003(a)); and 

20 (3) the term ‘‘property with a federally backed 

21 mortgage’’ means improved real estate or a mobile 

22 home securing a loan that was— 

23 (A) made by a regulated lending institution 

24 or Federal agency lender; or 


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1 (B) purchased by the Federal National 

2 Mortgage Association or the Federal Home Loan 

3 Mortgage Corporation. 


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Union Calendar No. 210 

116TH CONGRESS 

1ST SESSION H. R. 3167 

[Report No. 116–262, Part I] 

A BILL 

To reform and reauthorize the National Flood 

Insurance Program, and for other purposes. 

OCTOBER 28, 2019 

Reported from the Committee on Financial Services with 

an amendment 

OCTOBER 28, 2019 

Committee on Transportation and Infrastructure disprinted House on the State of the Union and ordered to be charged; committed to the Committee of the Whole 


SSpencer on DSKBBXCHB2PROD with BILLS