I 

113TH CONGRESS 

1ST SESSION H. R. 1194 

To terminate the National Flood Insurance Program and related mandatory 

purchase and compliance requirements, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2013 

Mrs. MILLER of Michigan introduced the following bill; which was referred to 

the Committee on Financial Services, and in addition to the Committee 

on the Judiciary, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To terminate the National Flood Insurance Program and 

related mandatory purchase and compliance requirements, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Flood Insur5 ance Program Termination Act of 2013’’. 


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1 SEC. 2. TERMINATION OF NATIONAL FLOOD INSURANCE 

2 PROGRAM. 

3 (a) TERMINATION OF AUTHORITY TO PROVIDE COV4 ERAGE.—Effective at the end of December 31, 2015, the 

5 Administrator of the Federal Emergency Management 

6 Agency (in this section referred to as the ‘‘Adminis7 trator’’) shall not provide any new flood insurance cov8 erage, or renew any coverage provided before such date, 

9 under the National Flood Insurance Act of 1968 (42 

10 U.S.C. 4001 et seq.). 

11 (b) TREATMENT OF EXISTING COVERAGE.—Sub12 section (a) shall not— 

13 (1) affect any flood insurance coverage provided 

14 under such Act under a contract or agreement en15 tered into before the date specified in such sub16 section and, notwithstanding the repeals under sec17 tion 3, such provisions as in effect immediately be18 fore such repeal shall continue to apply with respect 

19 to flood insurance coverage in force after such re20 peal; or 

21 (2) require the termination of any contract or 

22 other agreement for flood insurance coverage entered 

23 into before such date. 

24 (c) WIND-UP.—After the date specified in subsection 

25 (a), the Administrator shall take such actions as may be 


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1 necessary steps to wind up the affairs of the National 

2 Flood Insurance Program. 

3 (d) TREATMENT OF FUNDS.—Amounts in the Na4 tional Flood Insurance Fund established under section 

5 1310 of the National Flood Insurance Act of 1968 (42 

6 U.S.C. 4017) and amounts in the National Flood Insur7 ance Reserve Fund established under section 1310A of 

8 such Act (42 U.S.C. 4017a) shall be available to the Ad9 ministrator for performing the functions of the Adminis10 trator with respect to flood insurance coverage remaining 

11 in force after the date specified in subsection (a). Upon 

12 the expiration of the contracts and agreements for such 

13 coverage, any unexpended balances in such Funds shall 

14 be deposited in the Treasury as miscellaneous receipts. 

15 (e) SAVINGS PROVISIONS.— 

16 (1) TREATMENT OF PRIOR DETERMINATIONS.— 

17 The repeals made by section 3 of the provisions of 

18 law specified in such section shall not affect any 

19 order, determination, regulation, or contract that 

20 has been issued, made, or allowed to become effec21 tive under such provisions before the effective date 

22 of the repeal. All such orders, determinations, regu23 lations, and contracts shall continue in effect until 

24 modified, superseded, terminated, set aside, or re25 voked in accordance with law by the President, the 


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1 Administrator, or other authorized official, a court 

2 of competent jurisdiction, or by operation of law. 

3 (2) PENDING PROCEEDINGS.— 

4 (A) EFFECT ON PENDING PROCEEDINGS.— 

5 The repeals made by section 3 shall not affect 

6 any proceedings relating to the National Flood 

7 Insurance Program, including notices of pro8 posed rulemaking, pending on the effective date 

9 of the repeals, before the Federal Emergency 

10 Management Agency, except that no assistance 

11 or flood insurance coverage may be provided 

12 pursuant to any application pending on such ef13 fective date. Such proceedings, to the extent 

14 that they relate to functions performed by the 

15 Administrator after such repeal, shall be contin16 ued. Orders shall be issued in such proceedings, 

17 appeals shall be taken therefrom, and payments 

18 shall be made pursuant to such orders, as if 

19 this Act had not been enacted; and orders 

20 issued in any such proceedings shall continue in 

21 effect until modified, terminated, superseded, or 

22 revoked by the Administrator, by a court of 

23 competent jurisdiction, or by operation of law. 

24 (B) CONSTRUCTION.—Nothing in this sub25 section may be construed to prohibit the disVerDate Mar 15 2010 22:18 Mar 22, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1194.IH H1194

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1 continuance or modification of any proceeding 

2 described in subparagraph (A) under the same 

3 terms and conditions and to the same extent 

4 that such proceeding could have been discon5 tinued or modified if this section had not been 

6 enacted. 

7 (3) ACTIONS.—This section shall not affect 

8 suits commenced before the effective date of the re9 peals made by section 3, and in all such suits, pro10 ceedings shall be had, appeals taken, and judgments 

11 rendered in the same manner and effect as if this 

12 section had not been enacted. 

13 (4) LIABILITIES INCURRED.—No suit, action, 

14 or other proceeding commenced by or against an in15 dividual in the official capacity of such individual as 

16 an officer of the Federal Emergency Management 

17 Agency having any responsibility for the National 

18 Flood Insurance Program shall abate by reason of 

19 the enactment of this section. No cause of action re20 lating to such Program, by or against the Federal 

21 Emergency Management Agency, or by or against 

22 any officer thereof in the official capacity of such of23 ficer having any responsibility for such program, 

24 shall abate by reason of the enactment of this sec25 tion. 


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1 SEC. 3. REPEALS AND CONTINUATION OF FEMA MAPPING 

2 RESPONSIBILITIES. 

3 (a) NATIONAL FLOOD INSURANCE ACT OF 1968.— 

4 The National Flood Insurance Act of 1968 is amended— 

5 (1) by striking section 1302 (42 U.S.C. 4001); 

6 (2) by striking chapters I and II (42 U.S.C. 

7 4011 et seq.); 

8 (3) in section 1360 (42 U.S.C. 4101)— 

9 (A) in subsection (a)(2), by striking ‘‘until 

10 the date specified in section 1319’’; 

11 (B) by striking subsection (d); 

12 (C) in subsection (g)— 

13 (i) by striking ‘‘To promote compli14 ance with the requirements of this title, 

15 the’’ and inserting ‘‘The’’; 

16 (ii) by striking ‘‘directly responsible 

17 for coordinating the national flood insur18 ance program’’; and 

19 (iii) in the last sentence, by striking 

20 ‘‘National Flood Insurance Fund, pursuant 

21 to section 1310(b)(6)’’ and inserting the 

22 following: ‘‘General Fund of the Treasury 

23 and shall be used only for reducing the 

24 debt of the Federal Government’’; and 

25 (D) in subsection (i)— 


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1 (i) by striking ‘‘free of charge’’ and 

2 inserting ‘‘at cost’’; 

3 (ii) by striking ‘‘and States and com4 munities participating in the national flood 

5 insurance program pursuant to section 

6 1310 and at cost to all other’’ and insert7 ing ‘‘, States and communities, and other 

8 interested’’; and 

9 (iii) in the last sentence, by striking 

10 ‘‘National Flood Insurance Fund, pursuant 

11 to section 1310(b)(6)’’ and inserting the 

12 following: ‘‘General Fund of the Treasury 

13 and shall be used only for reducing the 

14 debt of the Federal Government’’; 

15 (4) in section 1363 (42 U.S.C. 4104)— 

16 (A) in subsection (e)— 

17 (i) in the second sentence, by striking 

18 ‘‘the Scientific Resolution Panel provided 

19 for in section 1363A’’ and inserting ‘‘an 

20 independent scientific body or appropriate 

21 Federal agency for advice’’; and 

22 (ii) by striking the third and fifth sen23 tences; 


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1 (B) in subsection (g), by striking ‘‘Except 

2 as provided in section 1363A, any’’ and insert3 ing ‘‘Any’’; 

4 (5) by striking section 1363A (42 U.S.C. 4104– 

5 1); 

6 (6) in section 1364 (42 U.S.C. 4104a)— 

7 (A) in subsection (a)— 

8 (i) in paragraphs (1) and (2), by 

9 striking ‘‘or the Flood Disaster Protection 

10 Act of 1973’’ each place such term ap11 pears; and 

12 (ii) in paragraph (3)— 

13 (I) by striking subparagraphs 

14 (B) and (C) and inserting the fol15 lowing: 

16 ‘‘(B) a statement that flood insurance cov17 erage may be available in the private market or 

18 through a State-sponsored program; and’’; and 

19 (II) by redesignating subpara20 graph (D) as subparagraph (C); and 

21 (B) by striking subsections (b) and (c); 

22 (7) in section 1365 (42 U.S.C. 4104b)— 

23 (A) in subsection (a), by striking ‘‘and in 

24 which flood insurance under this title is avail25 able’’; and 


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1 (B) in subsection (b)— 

2 (i) by striking paragraph (1); and 

3 (ii) in paragraph (2)— 

4 (I) in the first sentence, by strik5 ing ‘‘the community identification 

6 number and community participation 

7 status (for purposes of the national 

8 flood insurance program) of the com9 munity in which the improved real es10 tate or such property is located,’’; and 

11 (II) in the third sentence, by 

12 striking ‘‘because the building or mo13 bile home is not located in a commu14 nity that is participating in the na15 tional flood insurance program or’’; 

16 (8) by striking sections 1366 and 1367 (42 

17 U.S.C. 4104c, 4104d); 

18 (9) in section 1370 (42 U.S.C. 4121)— 

19 (A) by striking paragraphs (3), (4), (5), 

20 (7), (14), and (15); 

21 (B) in paragraph (12)(B), by striking the 

22 semicolon at the end and inserting ‘‘; and’’; 

23 (C) in paragraph (13), by striking the 

24 semicolon at the end and inserting a period; 

25 and 


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1 (D) by redesignating paragraphs (6), (8), 

2 (9), (10), (11), (12), and (13), as so amended, 

3 as paragraphs (3), (4), (5), (6), (7), (8), and 

4 (9), respectively; 

5 (10) by striking sections 1371 through 1375 

6 (42 U.S.C. 4122–26); 

7 (11) in section 1376 (42 U.S.C. 4127)— 

8 (A) in subsection (a), by striking ‘‘to carry 

9 out this title’’ and all that follows through the 

10 end of paragraph (3) and inserting ‘‘to carry 

11 out the mapping, studies, investigations, and 

12 other responsibilities of the Director under this 

13 title’’; and 

14 (B) by striking subsection (c); and 

15 (12) by striking section 1377 (42 U.S.C. 4001 

16 note). 

17 (b) FLOOD DISASTER PROTECTION ACT OF 1973.— 

18 The Flood Disaster Protection Act of 1973 is amended— 

19 (1) by striking section 2 (42 U.S.C. 4002); 

20 (2) by striking section 102 (42 U.S.C. 4012a); 

21 (3) in section 201 (42 U.S.C. 4105)— 

22 (A) by striking subsection (a) and insert23 ing the following new subsection: 

24 ‘‘(a) As information becomes available to the Director 

25 concerning the existence of flood hazards, the Director 


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1 shall publish information in accordance with section 

2 1360(a)(1) of the National Flood Insurance Act of 1968 

3 and shall notify the chief executive officer of each known 

4 flood-prone community of its tentative identification as a 

5 community containing one or more areas having special 

6 flood hazards.’’; 

7 (B) in subsection (b), by striking ‘‘shall ei8 ther (1) promptly make proper application to 

9 participate in the national flood insurance pro10 gram or (2)’’ and inserting ‘‘may’’; 

11 (C) by striking subsections (c) and (d); 

12 and 

13 (D) by redesignating subsection (e) as sub14 section (c); and 

15 (4) by striking section 202 (42 U.S.C. 4106). 

16 (c) BIGGERT-WATERS FLOOD INSURANCE REFORM

17 ACT OF 2012.—The Biggert-Waters Flood Insurance Re18 form Act of 2012 is amended— 

19 (1) in section 100215 (42 U.S.C. 4101a)— 

20 (A) in subsection (b)(2), by striking ‘‘in21 surance rate’’ and inserting ‘‘risk’’ ; 

22 (B) in subsection (c), by striking ‘‘insur23 ance rate’’ each place such term appears and 

24 inserting ‘‘risk’’; 

25 (C) in subsection (d)— 


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1 (i) in paragraph (1)(A)(i), by striking 

2 ‘‘insurance rate’’ and inserting ‘‘risk’’; and 

3 (ii) in paragraph (2), by striking ‘‘Na4 tional Flood Insurance Program rate’’ and 

5 inserting ‘‘flood risk’’; and 

6 (D) in subsection (l)(2), by striking ‘‘insur7 ance rate’’ and inserting ‘‘risk’’; 

8 (2) in section 100216 (42 U.S.C. 4101b)— 

9 (A) in subsection (a), by striking ‘‘Na10 tional Flood Insurance Program rate’’ and in11 serting ‘‘flood risk’’; 

12 (B) in subsection (b)— 

13 (i) in paragraph (1), by striking ‘‘Na14 tional Flood Insurance Program rate’’ each 

15 place such term appears in subparagraphs 

16 (A) and (C) and inserting ‘‘flood risk’’; 

17 and 

18 (ii) in paragraph (2)(B), by striking 

19 ‘‘National Flood Insurance Program’’; 

20 (C) in subsection (d)— 

21 (i) in paragraph (1)— 

22 (I) in subparagraph (A), by strik23 ing ‘‘effects—’’ and all that follows 

24 and inserting ‘‘effects of any potential 

25 changes to flood risk maps that may 


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1 result from the mapping program re2 quired under this section.’’; and 

3 (II) in subparagraph (B), by 

4 striking ‘‘(with regard to contents in5 surance)’’; and 

6 (ii) in paragraph (2)— 

7 (I) in subparagraph (A), by strik8 ing ‘‘covered by the mandatory flood 

9 insurance purchase requirements 

10 under section 102 of the Flood Dis11 aster Protection Act of 1973 (42 

12 U.S.C. 4012a)’’ and inserting ‘‘having 

13 special flood hazards’’; 

14 (II) in subparagraph (B), by 

15 striking ‘‘subject to the flood insur16 ance mandatory purchase require17 ment’’ and inserting ‘‘areas having 

18 special flood hazards’’; and 

19 (III) in subparagraph (C), by 

20 striking ‘‘, including’’ and all that fol21 lows through ‘‘(42 U.S.C. 4011 et 

22 seq.)’’; and 

23 (D) in subsection (e)— 


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1 (i) by striking ‘‘National Flood Insur2 ance Program rate’’ and inserting ‘‘flood 

3 risk’’; 

4 (ii) by striking ‘‘insurance rates’’ and 

5 inserting ‘‘risk designations’’; and 

6 (iii) by striking ‘‘its rate maps’’ and 

7 inserting ‘‘its risk maps’’; and 

8 (3) by striking— 

9 (A) section 100224 (42 U.S.C. 4081 note; 

10 relating to oversight and expense reimburse11 ments of insurance companies); 

12 (B) section 100226 (42 U.S.C. 4101 note; 

13 relating to flood protection structure accredita14 tion task force); 

15 (C) section 100227 (42 U.S.C. 4011 note; 

16 relating to flood in progress determinations); 

17 (D) section 100229 (126 Stat. 945; relat18 ing to local data requirement); 

19 (E) section 100230 (42 U.S.C. 4014 note; 

20 relating to eligibility for insurance); 

21 (F) section 100231 (126 Stat. 949; relat22 ing to studies and reports); 

23 (G) subsections (a), (b), (c), and (e) of sec24 tion 100232 (126 Stat. 953; relating to reinsur25 ance); 


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1 (H) section 100233 (126 Stat. 955; relat2 ing to GAO study on business interruption and 

3 additional living expenses coverages); 

4 (I) section 100234 (42 U.S.C. 4013a; re5 lating to policy disclosures); 

6 (J) section 100236 (126 Stat. 957; relat7 ing to study of participation and affordability 

8 for certain policyholders); 

9 (K) section 100237 (126 Stat. 957; relat10 ing to study and report concerning Indian tribe 

11 and member participation in flood insurance 

12 program); 

13 (L) section 100240 (126 Stat. 961; relat14 ing to levees constructed on certain properties); 

15 (M) section 100247 (126 Stat. 967; relat16 ing to FIO study on risks, hazards, and insur17 ance); and 

18 (N) section 100248 (126 Stat. 968; relat19 ing to flood protection improvements con20 structed on certain properties). 

21 (d) BUNNING-BEREUTER-BLUMENAUER FLOOD IN22 SURANCE REFORM ACT OF 2004.—The Bunning-Bereu23 ter-Blumenauer Flood Insurance Reform Act of 2004 is 

24 amended by striking title II (118 Stat. 725). 


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1 (e) NATIONAL FLOOD INSURANCE REFORM ACT OF

2 1994.—The National Flood Insurance Reform Act of 

3 1994 is amended by striking sections 561 (42 U.S.C. 4011 

4 note), 562 (42 U.S.C. 4102 note), 578 (42 U.S.C. 4014 

5 note), 579(b), and 582 (42 U.S.C. 5154a). 

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

7 Section 15 of the Federal Flood Insurance Act of 1956 

8 (42 U.S.C. 2414) is amended by striking subsection (e). 

9 (g) REAL ESTATE PROCEDURES ACT OF 1974.— 

10 Paragraph 14 of section 5(b) of the Real Estate Settle11 ment Procedures Act of 1974 (12 U.S.C. 2604(b)(14)) is 

12 amended by striking ‘‘under the National Flood Insurance 

13 Program or’’. 

14 (h) HOUSING AND COMMUNITY DEVELOPMENT ACT

15 OF 1974.—Paragraph (28) of section 105(a) of the Hous16 ing and Community Development Act of 1974 (42 U.S.C. 

17 5305(a)(28)) is amended— 

18 (1) in the matter preceding subparagraph (A)— 

19 (A) by striking ‘‘participate in the national 

20 flood insurance program’’ and inserting ‘‘ have 

21 areas designated’’; 

22 (B) by inserting ‘‘as having special flood 

23 hazards’’ after the first comma; and 

24 (C) by striking ‘‘under such Act’’; and 

25 (2) in subparagraph (A)— 


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1 (A) in clause (i), by striking ‘‘participate 

2 in the national flood insurance program’’ and 

3 inserting ‘‘have areas designated as having spe4 cial flood hazards’’; 

5 (B) in clause (ii), by striking ‘‘and the ef6 fect of such inclusion’’ and all that follow 

7 through ‘‘to such property’’; 

8 (C) in clause (iii), by striking ‘‘the flood 

9 insurance mandatory purchase requirement’’ 

10 and inserting ‘‘special flood hazards’’; 

11 (D) in clause (iv), by striking ‘‘, including, 

12 where applicable, lower-cost preferred risk poli13 cies under this title for such properties and the 

14 contents of such properties’’; 

15 (E) in clause (vi) by striking ‘‘, including 

16 a telephone number’’ and all that follows 

17 through ‘‘is available’’; and 

18 (F) in clause (vii)— 

19 (i) by striking ‘‘participating in the 

20 national flood insurance program regard21 ing the program and’’ and inserting ‘‘hav22 ing areas designated as having special 

23 flood hazards regarding’’; and 

24 (ii) by striking ‘‘coverage under the 

25 National Flood Insurance Act of 1968’’ 


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1 and inserting ‘‘private flood insurance cov2 erage’’. 

3 (i) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect at the end of December 31, 

5 2015. 

6 SEC. 4. INTERSTATE COMPACTS FOR FLOOD INSURANCE 

7 COVERAGE. 

8 (a) CONGRESSIONAL CONSENT.—The consent of the 

9 Congress is hereby given to any two or more States to 

10 enter into agreement or compacts, not in conflict with any 

11 law of the United States, for making available to inter12 ested persons insurance coverage against loss resulting 

13 from physical damage to or loss of real property or per14 sonal property related thereto arising from any flood oc15 curring in the United States. 

16 (b) RIGHTS RESERVED.—The right to alter, amend, 

17 or repeal this section, or consent granted by this section, 

18 is expressly reserved to the Congress. 

Æ 


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