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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2088 Introduced in Senate (IS)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Repeatedly Flooded Communities 
Preparation Act''.

SEC. 2. COMMUNITY ACCOUNTABILITY FOR REPETITIVELY FLOODED AREAS.

    (a) In General.--Section 1361 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4102) is amended by adding at the end the following:
    ``(e) Community Accountability for Repeatedly Damaged Areas.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `covered community' means a 
                community--
                            ``(i) that is participating in the national 
                        flood insurance program under section 1315; and
                            ``(ii) within which are located--
                                    ``(I) not fewer than 50 repetitive 
                                loss structures with respect to each of 
                                which, during any 10-year period, there 
                                have been not fewer than 2 claims for 
                                payments under flood insurance coverage 
                                for a total amount that is more than 
                                $1,000;
                                    ``(II) not fewer than 5 severe 
                                repetitive loss structures for which 
                                mitigation activities meeting the 
                                standards for approval under section 
                                1366(c)(2)(A) have not been conducted; 
                                or
                                    ``(III) a public facility or a 
                                private nonprofit facility that has 
                                received assistance for repair, 
                                restoration, reconstruction, or 
                                replacement under section 406 of the 
                                Robert T. Stafford Disaster Relief and 
                                Emergency Assistance Act (42 U.S.C. 
                                5172) relating to more than 1 flooding 
                                event during the most recent 10-year 
                                period;
                    ``(B) the terms `private nonprofit facility' and 
                `public facility' have the meanings given those terms 
                in section 102 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5122); 
                and
                    ``(C) the term `severe repetitive loss structure' 
                has the meaning given the term in section 1366(h).
            ``(2) Requirements for covered communities.--The 
        Administrator shall, by regulation, require a covered community 
        to--
                    ``(A) determine the areas within the covered 
                community in which properties described in paragraph 
                (1)(A)(ii) or flood-damaged facilities are located in 
                order to identify areas that are repeatedly damaged by 
                floods;
                    ``(B) assess, with assistance from the 
                Administrator, the continuing risks to the repeatedly 
                damaged areas identified under subparagraph (A);
                    ``(C) develop a community-specific plan for 
                mitigating continuing flood risks to the repeatedly 
                damaged areas identified under subparagraph (A);
                    ``(D) submit the plan described in subparagraph (C) 
                and any plan updates to the Administrator at 
                appropriate intervals;
                    ``(E) implement the plan described in subparagraph 
                (C); and
                    ``(F) subject to section 552a of title 5, United 
                States Code, make the plan described in subparagraph 
                (C), any updates to the plan, and reports on progress 
                in reducing flood risk available to the public.
            ``(3) Incorporation into existing plans.--A covered 
        community may incorporate a plan developed under paragraph 
        (2)(C) into a mitigation plan developed under--
                    ``(A) section 1366; and
                    ``(B) section 322 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5165).
            ``(4) Assistance to communities.--
                    ``(A) Data.--To assist a covered community in 
                developing a plan required under paragraph (2)(C), the 
                Administrator shall, upon request, provide the covered 
                community with appropriate data regarding the property 
                addresses and dates of claims associated with insured 
                properties within the covered community.
                    ``(B) Mitigation grants.--In making a determination 
                regarding financial assistance under this Act, the 
                Administrator may consider the extent to which a 
                covered community--
                            ``(i) has complied with this subsection; 
                        and
                            ``(ii) is working to remedy problems with 
                        respect to repeatedly flooded areas.
            ``(5) Sanctions.--
                    ``(A) In general.--The Administrator may, by 
                regulations issued in accordance with the procedures 
                required under section 553 of title 5, United States 
                Code, impose appropriate sanctions on a covered 
                community that fails to--
                            ``(i) comply with this subsection; or
                            ``(ii) make sufficient progress in reducing 
                        the flood risks to areas in the covered 
                        community that are repeatedly damaged by 
                        floods.
                    ``(B) Suspension and probation.--The sanctions 
                described in subparagraph (A) may include suspension 
                from the national flood insurance program or probation 
                under that program, as provided under section 59.24 of 
                title 44, Code of Federal Regulations.
                    ``(C) Notice.--
                            ``(i) In general.--Before imposing any 
                        sanctions under this paragraph, the 
                        Administrator shall provide the covered 
                        community that is subject to the sanctions with 
                        notice of the violation that may subject the 
                        covered community to the sanctions.
                            ``(ii) Contents.--The notice required under 
                        clause (i) shall include recommendations for 
                        actions that the covered community receiving 
                        the notice may take in order to bring the 
                        covered community into compliance.
                    ``(D) Considerations.--In determining appropriate 
                sanctions to impose under this paragraph, the 
                Administrator shall consider the resources available to 
                the covered community that is subject to the sanctions, 
                including--
                            ``(i) any Federal funding received by the 
                        covered community;
                            ``(ii) the portion of the covered community 
                        that lies within an area having special flood 
                        hazards; and
                            ``(iii) any other factor that makes it 
                        difficult for the covered community to conduct 
                        mitigation activities for flood-prone 
                        structures.
            ``(6) Reports to congress.--Not later than 6 years after 
        the date of enactment of this subsection, and not less 
        frequently than once every 2 years thereafter, the 
        Administrator shall submit to Congress a report regarding the 
        progress made by covered communities with respect to 
        implementing plans developed under paragraph (2)(C).''.
    (b) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Administrator of the Federal Emergency Management 
Agency shall issue regulations necessary to carry out subsection (e) of 
section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4102), as added by subsection (a) of this section.
                                 <all>
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