II 

116TH CONGRESS 

1ST SESSION S. 2088 

To amend the National Flood Insurance Act of 1968 to ensure community 

accountability for areas repetitively damaged by floods, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 11, 2019 

Mr. SCOTT of South Carolina (for himself and Mr. SCHATZ) introduced the 

following bill; which was read twice and referred to the Committee on 

Banking, Housing, and Urban Affairs 

A BILL 

To amend the National Flood Insurance Act of 1968 to 

ensure community accountability for areas repetitively 

damaged by floods, 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 ‘‘Repeatedly Flooded 

5 Communities Preparation Act’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•S 2088 IS

1 SEC. 2. COMMUNITY ACCOUNTABILITY FOR REPETITIVELY 

2 FLOODED AREAS. 

3 (a) IN GENERAL.—Section 1361 of the National 

4 Flood Insurance Act of 1968 (42 U.S.C. 4102) is amended 

5 by adding at the end the following: 

6 ‘‘(e) COMMUNITY ACCOUNTABILITY FOR REPEAT7 EDLY DAMAGED AREAS.— 

8 ‘‘(1) DEFINITIONS.—In this subsection— 

9 ‘‘(A) the term ‘covered community’ means 

10 a community— 

11 ‘‘(i) that is participating in the na12 tional flood insurance program under sec13 tion 1315; and 

14 ‘‘(ii) within which are located— 

15 ‘‘(I) not fewer than 50 repetitive 

16 loss structures with respect to each of 

17 which, during any 10-year period, 

18 there have been not fewer than 2 

19 claims for payments under flood in20 surance coverage for a total amount 

21 that is more than $1,000; 

22 ‘‘(II) not fewer than 5 severe re23 petitive loss structures for which miti24 gation activities meeting the stand25 ards for approval under section 


pamtmann on DSKBFK8HB2PROD with BILLS
3 

•S 2088 IS

1 1366(c)(2)(A) have not been con2 ducted; or 

3 ‘‘(III) a public facility or a pri4 vate nonprofit facility that has re5 ceived assistance for repair, restora6 tion, reconstruction, or replacement 

7 under section 406 of the Robert T. 

8 Stafford Disaster Relief and Emer9 gency Assistance Act (42 U.S.C. 

10 5172) relating to more than 1 flood11 ing event during the most recent 10- 

12 year period; 

13 ‘‘(B) the terms ‘private nonprofit facility’ 

14 and ‘public facility’ have the meanings given 

15 those terms in section 102 of the Robert T. 

16 Stafford Disaster Relief and Emergency Assist17 ance Act (42 U.S.C. 5122); and 

18 ‘‘(C) the term ‘severe repetitive loss struc19 ture’ has the meaning given the term in section 

20 1366(h). 

21 ‘‘(2) REQUIREMENTS FOR COVERED COMMU22 NITIES.—The Administrator shall, by regulation, re23 quire a covered community to— 

24 ‘‘(A) determine the areas within the cov25 ered community in which properties described 


pamtmann on DSKBFK8HB2PROD with BILLS
4 

•S 2088 IS

1 in paragraph (1)(A)(ii) or flood-damaged facili2 ties are located in order to identify areas that 

3 are repeatedly damaged by floods; 

4 ‘‘(B) assess, with assistance from the Ad5 ministrator, the continuing risks to the repeat6 edly damaged areas identified under subpara7 graph (A); 

8 ‘‘(C) develop a community-specific plan for 

9 mitigating continuing flood risks to the repeat10 edly damaged areas identified under subpara11 graph (A); 

12 ‘‘(D) submit the plan described in subpara13 graph (C) and any plan updates to the Admin14 istrator at appropriate intervals; 

15 ‘‘(E) implement the plan described in sub16 paragraph (C); and 

17 ‘‘(F) subject to section 552a of title 5, 

18 United States Code, make the plan described in 

19 subparagraph (C), any updates to the plan, and 

20 reports on progress in reducing flood risk avail21 able to the public. 

22 ‘‘(3) INCORPORATION INTO EXISTING PLANS.— 

23 A covered community may incorporate a plan devel24 oped under paragraph (2)(C) into a mitigation plan 

25 developed under— 


pamtmann on DSKBFK8HB2PROD with BILLS
5 

•S 2088 IS

1 ‘‘(A) section 1366; and 

2 ‘‘(B) section 322 of the Robert T. Stafford 

3 Disaster Relief and Emergency Assistance Act 

4 (42 U.S.C. 5165). 

5 ‘‘(4) ASSISTANCE TO COMMUNITIES.— 

6 ‘‘(A) DATA.—To assist a covered commu7 nity in developing a plan required under para8 graph (2)(C), the Administrator shall, upon re9 quest, provide the covered community with ap10 propriate data regarding the property addresses 

11 and dates of claims associated with insured 

12 properties within the covered community. 

13 ‘‘(B) MITIGATION GRANTS.—In making a 

14 determination regarding financial assistance 

15 under this Act, the Administrator may consider 

16 the extent to which a covered community— 

17 ‘‘(i) has complied with this subsection; 

18 and 

19 ‘‘(ii) is working to remedy problems 

20 with respect to repeatedly flooded areas. 

21 ‘‘(5) SANCTIONS.— 

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

23 may, by regulations issued in accordance with 

24 the procedures required under section 553 of 

25 title 5, United States Code, impose appropriate 


pamtmann on DSKBFK8HB2PROD with BILLS
6 

•S 2088 IS

1 sanctions on a covered community that fails 

2 to— 

3 ‘‘(i) comply with this subsection; or 

4 ‘‘(ii) make sufficient progress in re5 ducing the flood risks to areas in the cov6 ered community that are repeatedly dam7 aged by floods. 

8 ‘‘(B) SUSPENSION AND PROBATION.—The 

9 sanctions described in subparagraph (A) may 

10 include suspension from the national flood in11 surance program or probation under that pro12 gram, as provided under section 59.24 of title 

13 44, Code of Federal Regulations. 

14 ‘‘(C) NOTICE.— 

15 ‘‘(i) IN GENERAL.—Before imposing 

16 any sanctions under this paragraph, the 

17 Administrator shall provide the covered 

18 community that is subject to the sanctions 

19 with notice of the violation that may sub20 ject the covered community to the sanc21 tions. 

22 ‘‘(ii) CONTENTS.—The notice required 

23 under clause (i) shall include recommenda24 tions for actions that the covered commu25 nity receiving the notice may take in order 


pamtmann on DSKBFK8HB2PROD with BILLS
7 

•S 2088 IS

1 to bring the covered community into com2 pliance. 

3 ‘‘(D) CONSIDERATIONS.—In determining 

4 appropriate sanctions to impose under this 

5 paragraph, the Administrator shall consider the 

6 resources available to the covered community 

7 that is subject to the sanctions, including— 

8 ‘‘(i) any Federal funding received by 

9 the covered community; 

10 ‘‘(ii) the portion of the covered com11 munity that lies within an area having spe12 cial flood hazards; and 

13 ‘‘(iii) any other factor that makes it 

14 difficult for the covered community to con15 duct mitigation activities for flood-prone 

16 structures. 

17 ‘‘(6) REPORTS TO CONGRESS.—Not later than 

18 6 years after the date of enactment of this sub19 section, and not less frequently than once every 2 

20 years thereafter, the Administrator shall submit to 

21 Congress a report regarding the progress made by 

22 covered communities with respect to implementing 

23 plans developed under paragraph (2)(C).’’. 

24 (b) REGULATIONS.—Not later than 1 year after the 

25 date of enactment of this Act, the Administrator of the 


pamtmann on DSKBFK8HB2PROD with BILLS
8 

•S 2088 IS

1 Federal Emergency Management Agency shall issue regu2 lations necessary to carry out subsection (e) of section 

3 1361 of the National Flood Insurance Act of 1968 (42 

4 U.S.C. 4102), as added by subsection (a) of this section. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS