H. R. 4348—534 
(i) the final rule issued pursuant to subsection 
(d) allows the Federal Emergency Management Agency 
to access adequate information regarding the actual 
expenses of property and casualty insurance companies 
participating in the Write Your Own program; and 
(ii) the actual reimbursements paid out under the 
final rule issued pursuant to subsection (d) accurately 
reflect the expenses reported by property and casualty 
insurance companies participating in the Write Your 
Own program, including the standard business costs 
and operating expenses of such companies; and 
(C) shall analyze the effect of the final rule issued 
pursuant to subsection (d) on the level of participation 
of property and casualty insurers in the Write Your Own 
program. 
SEC. 100225. MITIGATION. 
(a) MITIGATION ASSISTANCE GRANTS.—Section 1366 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is 
amended— 
(1) by striking subsections (b), (d), (f), (g), (h), (k), and 
(m); 
(2) by redesignating subsections (c), (e), (i), and (j) as sub-
sections (b), (c), (e), and (f), respectively; 
(3) in subsection (a), by striking the last sentence and 
inserting the following: ‘‘Such financial assistance shall be made 
available— 
‘‘(1) to States and communities in the form of grants under 
this section for carrying out mitigation activities; 
‘‘(2) to States and communities in the form of grants under 
this section for carrying out mitigation activities that reduce 
flood damage to severe repetitive loss structures; and 
‘‘(3) to property owners in the form of direct grants under 
this section for carrying out mitigation activities that reduce 
flood damage to individual structures for which 2 or more 
claim payments for losses have been made under flood insur-
ance coverage under this title if the Administrator, after con-
sultation with the State and community, determines that nei-
ther the State nor community in which such a structure is 
located has the capacity to manage such grants.’’; 
(4) in subsection (b), as so redesignated, in the first sen-
tence— 
(A) by striking ‘‘and provides protection against’’ and 
inserting ‘‘provides for reduction of’’; and 
(B) by inserting before the period at the end the fol-
lowing: ‘‘, and may be included in a multihazard mitigation 
plan’’; 
(5) in subsection (c), as so redesignated— 
(A) in paragraph (1), by striking ‘‘(1) USE
OF 
AMOUNTS.—’’ and all that follows through the end of the 
first sentence and inserting the following: 
‘‘(1) REQUIREMENT OF CONSISTENCY WITH APPROVED MITIGA-
TION PLAN.—Amounts provided under this section may be used 
only for mitigation activities that are consistent with mitigation 
plans that are approved by the Administrator and identified 
under paragraph (4).’’;
H. R. 4348—535 
(B) by striking paragraphs (2), (3), and (4) and 
inserting the following new paragraphs: 
‘‘(2) REQUIREMENTS
OF
TECHNICAL
FEASIBILITY, 
COST 
EFFECTIVENESS, AND INTEREST OF NATIONAL FLOOD INSURANCE 
FUND.— 
‘‘(A) IN
GENERAL.—The Administrator may approve 
only mitigation activities that the Administrator deter-
mines— 
‘‘(i) are technically feasible and cost-effective; or 
‘‘(ii) will eliminate future payments from the 
National Flood Insurance Fund for severe repetitive 
loss structures through an acquisition or relocation 
activity. 
‘‘(B) CONSIDERATIONS.—In making a determination 
under subparagraph (A), the Administrator shall take into 
consideration recognized ancillary benefits.’’; 
(C) by redesignating paragraph (5) as paragraph (3); 
(D) in paragraph (3), as so redesignated— 
(i) in the matter preceding subparagraph (A), by 
striking ‘‘The Director’’ and all that follows through 
‘‘Such activities may’’ and inserting ‘‘Eligible activities 
under a mitigation plan may’’; 
(ii) by striking subparagraphs (E) and (H); 
(iii) by redesignating subparagraphs (D), (F), and 
(G) as subparagraphs (E), (G), and (H), respectively; 
(iv) by inserting after subparagraph (C) the fol-
lowing new subparagraph: 
‘‘(D) elevation, relocation, or floodproofing of utilities 
(including equipment that serves structures);’’; 
(v) by inserting after subparagraph (E), as so 
redesignated, the following new subparagraph: 
‘‘(F) the development or update of mitigation plans 
by a State or community which meet the planning criteria 
established by the Administrator, except that the amount 
from grants under this section that may be used under 
this subparagraph may not exceed $50,000 for any mitiga-
tion plan of a State or $25,000 for any mitigation plan 
of a community;’’; 
(vi) in subparagraph (H); as so redesignated, by 
striking ‘‘and’’ at the end; and 
(vii) by adding at the end the following new sub-
paragraphs: 
‘‘(I) other mitigation activities not described in subpara-
graphs (A) through (G) or the regulations issued under 
subparagraph (H), that are described in the mitigation 
plan of a State or community; and 
‘‘(J) without regard to the requirements under para-
graphs (1) and (2) of subsection (d), and if the State applied 
for and was awarded at least $1,000,000 in grants available 
under this section in the prior fiscal year, technical assist-
ance to communities to identify eligible activities, to 
develop grant applications, and to implement grants 
awarded under this section, not to exceed $50,000 to any 
1 State in any fiscal year.’’; and 
(E) by striking paragraph (6) and inserting the fol-
lowing:
H. R. 4348—536 
‘‘(4) ELIGIBILITY OF DEMOLITION AND REBUILDING OF PROP-
ERTIES.—The Administrator shall consider as an eligible 
activity the demolition and rebuilding of properties to at least 
base flood elevation or greater, if required by the Administrator 
or if required by any State regulation or local ordinance, and 
in accordance with criteria established by the Administrator.’’; 
(6) by inserting after subsection (c), as so redesignated, 
the following new subsection: 
‘‘(d) MATCHING REQUIREMENT.—The Administrator may provide 
grants for eligible mitigation activities as follows: 
‘‘(1) SEVERE
REPETITIVE
LOSS
STRUCTURES.—In the case 
of mitigation activities to severe repetitive loss structures, in 
an amount up to— 
‘‘(A) 100 percent of all eligible costs, if the activities 
are approved under subsection (c)(2)(A)(i); or 
‘‘(B) the expected savings to the National Flood Insur-
ance Fund from expected avoided damages through acquisi-
tion or relocation activities, if the activities are approved 
under subsection (c)(2)(A)(ii). 
‘‘(2) REPETITIVE LOSS STRUCTURES.—In the case of mitiga-
tion activities to repetitive loss structures, in an amount up 
to 90 percent of all eligible costs. 
‘‘(3) OTHER MITIGATION ACTIVITIES.—In the case of all other 
mitigation activities, in an amount up to 75 percent of all 
eligible costs.’’; 
(7) in subsection (e)(2), as so redesignated— 
(A) by striking ‘‘certified under subsection (g)’’ and 
inserting ‘‘required under subsection (d)’’; and 
(B) by striking ‘‘3 times the amount’’ and inserting 
‘‘the amount’’; 
(8) in subsection (f), as so redesignated, by striking ‘‘Riegle 
Community Development and Regulatory Improvement Act of 
1994’’ and inserting ‘‘Biggert-Waters Flood Insurance Reform 
Act of 2012’’; and 
(9) by adding at the end the following new subsections: 
‘‘(g) FAILURE TO MAKE GRANT AWARD WITHIN 5 YEARS.—For 
any application for a grant under this section for which the Adminis-
trator fails to make a grant award within 5 years of the date 
of the application, the grant application shall be considered to 
be denied and any funding amounts allocated for such grant applica-
tions shall remain in the National Flood Mitigation Fund under 
section 1367 of this title and shall be made available for grants 
under this section. 
‘‘(h) DEFINITIONS.—For purposes of this section, the following 
definitions shall apply: 
‘‘(1) COMMUNITY.—The term ‘community’ means— 
‘‘(A) a political subdivision that— 
‘‘(i) has zoning and building code jurisdiction over 
a particular area having special flood hazards; and 
‘‘(ii) is participating in the national flood insurance 
program; or 
‘‘(B) a political subdivision of a State, or other 
authority, that is designated by political subdivisions, all 
of which meet the requirements of subparagraph (A), to 
administer grants for mitigation activities for such political 
subdivisions.
H. R. 4348—537 
‘‘(2) REPETITIVE LOSS STRUCTURE.—The term ‘repetitive loss 
structure’ has the meaning given such term in section 1370. 
‘‘(3) SEVERE REPETITIVE LOSS STRUCTURE.—The term ‘severe 
repetitive loss structure’ means a structure that— 
‘‘(A) is covered under a contract for flood insurance 
made available under this title; and 
‘‘(B) has incurred flood-related damage— 
‘‘(i) for which 4 or more separate claims payments 
have been made under flood insurance coverage under 
this title, with the amount of each such claim exceeding 
$5,000, and with the cumulative amount of such claims 
payments exceeding $20,000; or 
‘‘(ii) for which at least 2 separate claims payments 
have been made under such coverage, with the cumu-
lative amount of such claims exceeding the value of 
the insured structure.’’. 
(b) ELIMINATION OF GRANTS PROGRAM FOR REPETITIVE INSUR-
ANCE CLAIMS PROPERTIES.—Chapter I of the National Flood Insur-
ance Act of 1968 is amended by striking section 1323 (42 U.S.C. 
4030). 
(c) ELIMINATION OF PILOT PROGRAM FOR MITIGATION OF SEVERE 
REPETITIVE LOSS PROPERTIES.—Chapter III of the National Flood 
Insurance Act of 1968 is amended by striking section 1361A (42 
U.S.C. 4102a). 
(d) NATIONAL FLOOD INSURANCE FUND.—Section 1310(a) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is 
amended— 
(1) in paragraph (6), by inserting ‘‘and’’ after the semicolon; 
(2) in paragraph (7), by striking the semicolon and inserting 
a period; and 
(3) by striking paragraphs (8) and (9). 
(e) NATIONAL FLOOD MITIGATION FUND.—Section 1367 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4104d) is 
amended— 
(1) in subsection (b)— 
(A) by striking paragraph (1) and inserting the fol-
lowing new paragraph: 
‘‘(1) in each fiscal year, amounts from the National Flood 
Insurance Fund not to exceed $90,000,000 and to remain avail-
able until expended, of which— 
‘‘(A) not more than $40,000,000 shall be available 
pursuant to subsection (a) of this section for assistance 
described in section 1366(a)(1); 
‘‘(B) not more than $40,000,000 shall be available 
pursuant to subsection (a) of this section for assistance 
described in section 1366(a)(2); and 
‘‘(C) not more than $10,000,000 shall be available 
pursuant to subsection (a) of this section for assistance 
described in section 1366(a)(3);’’; and 
(B) in paragraph (3), by striking ‘‘section 1366(i)’’ and 
inserting ‘‘section 1366(e)’’; 
(2) in subsection (c), by striking ‘‘sections 1366 and 1323’’ 
and inserting ‘‘section 1366’’; 
(3) by redesignating subsections (d) and (e) as subsections 
(f) and (g), respectively; and 
(4) by inserting after subsection (c) the following new sub-
sections:
H. R. 4348—538 
‘‘(d) PROHIBITION
ON
OFFSETTING
COLLECTIONS.—Notwith-
standing any other provision of this title, amounts made available 
pursuant to this section shall not be subject to offsetting collections 
through premium rates for flood insurance coverage under this 
title. 
‘‘(e) 
CONTINUED
AVAILABILITY
AND
REALLOCATION.—Any 
amounts made available pursuant to subparagraph (A), (B), or 
(C) of subsection (b)(1) that are not used in any fiscal year shall 
continue to be available for the purposes specified in the subpara-
graph of subsection (b)(1) pursuant to which such amounts were 
made available, unless the Administrator determines that realloca-
tion of such unused amounts to meet demonstrated need for other 
mitigation activities under section 1366 is in the best interest 
of the National Flood Insurance Fund.’’. 
(f) INCREASED
COST
OF
COMPLIANCE
COVERAGE.—Section 
1304(b)(4) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4011(b)(4)) is amended— 
(1) by striking subparagraph (B); and 
(2) by redesignating subparagraphs (C), (D), and (E) as 
subparagraphs (B), (C), and (D), respectively. 
SEC. 100226. FLOOD PROTECTION STRUCTURE ACCREDITATION TASK 
FORCE. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘flood protection structure accreditation 
requirements’’ means the requirements established under sec-
tion 65.10 of title 44, Code of Federal Regulations, for levee 
systems to be recognized on maps created for purposes of the 
National Flood Insurance Program; 
(2) the term ‘‘National Committee on Levee Safety’’ means 
the Committee on Levee Safety established under section 9003 
of the National Levee Safety Act of 2007 (33 U.S.C. 3302); 
and 
(3) the term ‘‘task force’’ means the Flood Protection Struc-
ture Accreditation Task Force established under subsection (b). 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—The Administrator and the Secretary of 
the Army, acting through the Chief of Engineers, in cooperation 
with the National Committee on Levee Safety, shall jointly 
establish a Flood Protection Structure Accreditation Task Force. 
(2) DUTIES.— 
(A) DEVELOPING PROCESS.—The task force shall develop 
a process to better align the information and data collected 
by or for the Corps of Engineers under the Inspection 
of Completed Works Program with the flood protection 
structure accreditation requirements so that— 
(i) information and data collected for either pur-
pose can be used interchangeably; and 
(ii) information and data collected by or for the 
Corps of Engineers under the Inspection of Completed 
Works Program is sufficient to satisfy the flood protec-
tion structure accreditation requirements. 
(B) GATHERING
RECOMMENDATIONS.—The task force 
shall gather, and consider in the process developed under 
subparagraph (A), recommendations from interested per-
sons in each region relating to the information, data, and 
accreditation requirements described in subparagraph (A).
H. R. 4348—539 
(3) CONSIDERATIONS.—In developing the process under 
paragraph (2), the task force shall consider changes to— 
(A) the information and data collected by or for the 
Corps of Engineers under the Inspection of Completed 
Works Program; and 
(B) the flood protection structure accreditation require-
ments. 
(4) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to require a reduction in the level of public safety 
and flood control provided by accredited levees, as determined 
by the Administrator for purposes of this section. 
(c) IMPLEMENTATION.—The Administrator and the Secretary of 
the Army, acting through the Chief of Engineers, shall implement 
the process developed by the task force under subsection (b) not 
later than 1 year after the date of enactment of this Act and 
shall complete the process under subsection (b) not later than 
2 years after the date of enactment of this Act. 
(d) REPORTS.—The Administrator and the Secretary of the 
Army, acting through the Chief of Engineers, in cooperation with 
the National Committee on Levee Safety, shall jointly submit to 
the Committee on Banking, Housing, and Urban Affairs and the 
Committee on Environment and Public Works of the Senate and 
the Committee on Financial Services, the Committee on Transpor-
tation and Infrastructure, and the Committee on Natural Resources 
of the House of Representatives reports concerning the activities 
of the task force and the implementation of the process developed 
by the task force under subsection (b), including— 
(1) an interim report, not later than 180 days after the 
date of enactment of this Act; and 
(2) a final report, not later than 1 year after the date 
of enactment of this Act. 
(e) TERMINATION.—The task force shall terminate on the date 
of submission of the report under subsection (d)(2). 
SEC. 100227. FLOOD IN PROGRESS DETERMINATIONS. 
(a) REPORT.— 
(1) REVIEW.—The Administrator shall review— 
(A) the processes and procedures for determining that 
a flood event has commenced or is in progress for purposes 
of flood insurance coverage made available under the 
National Flood Insurance Program; 
(B) the processes and procedures for providing public 
notification that such a flood event has commenced or 
is in progress; 
(C) the processes and procedures regarding the timing 
of public notification of flood insurance requirements and 
availability; and 
(D) the effects and implications that weather condi-
tions, including rainfall, snowfall, projected snowmelt, 
existing water levels, and other conditions, have on the 
determination that a flood event has commenced or is 
in progress. 
(2) REPORT.—Not later than 6 months after the date of 
enactment of this Act, the Administrator shall submit a report 
to Congress that describes— 
(A) the results and conclusions of the review under 
paragraph (1); and
H. R. 4348—540 
(B) any actions taken, or proposed actions to be taken, 
by the Administrator to provide for more precise and tech-
nical processes and procedures for determining that a flood 
event has commenced or is in progress. 
(b) EFFECTIVE
DATE
OF
POLICIES
COVERING
PROPERTIES 
AFFECTED BY FLOODING OF THE MISSOURI RIVER IN 2011.— 
(1) ELIGIBLE COVERAGE.—For purposes of this subsection, 
the term ‘‘eligible coverage’’ means coverage under a new con-
tract for flood insurance coverage under the National Flood 
Insurance Program, or a modification to coverage under an 
existing flood insurance contract, for property damaged by the 
flooding of the Missouri River that commenced on June 1, 
2011, that was purchased or made during the period beginning 
May 1, 2011, and ending June 6, 2011. 
(2) EFFECTIVE DATES.—Notwithstanding section 1306(c) of 
the National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)), 
or any other provision of law, any eligible coverage shall— 
(A) be deemed to take effect on the date that is 30 
days after the date on which all obligations for the eligible 
coverage (including completion of the application and pay-
ment of any initial premiums owed) are satisfactorily com-
pleted; and 
(B) cover damage to property occurring after the effec-
tive date described in subparagraph (A) that resulted from 
the flooding of the Missouri River that commenced on June 
1, 2011, if the property did not suffer damage or loss 
as a result of such flooding before the effective date 
described in subparagraph (A). 
(c) TIMELY NOTIFICATION.—Not later than 90 days after the 
date on which the Administrator submits the report required under 
subsection (a)(2), the Administrator shall, taking into consideration 
the results of the review under subsection (a)(1)(B), develop proce-
dures for providing timely notification, to the extent practicable, 
to policyholders who have purchased flood insurance coverage under 
the National Flood Insurance Program within 30 days of a deter-
mination of a flood in progress and who may be affected by the 
flood of the determination and how the determination may affect 
their coverage. 
SEC. 100228. CLARIFICATION OF RESIDENTIAL AND COMMERCIAL COV-
ERAGE LIMITS. 
Section 1306(b) of the National Flood Insurance Act of 1968 
(42 U.S.C. 4013(b)) is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘in the case of any residential property’’ 
and inserting ‘‘in the case of any residential building 
designed for the occupancy of from 1 to 4 families’’; and 
(B) by striking ‘‘shall be made available to every 
insured upon renewal and every applicant for insurance 
so as to enable such insured or applicant to receive coverage 
up to a total amount (including such limits specified in 
paragraph (1)(A)(i)) of $250,000’’ and inserting ‘‘shall be 
made available, with respect to any single such building, 
up to an aggregate liability (including such limits specified 
in paragraph (1)(A)(i)) of $250,000’’; and 
(2) in paragraph (4)—
H. R. 4348—541 
(A) by striking ‘‘in the case of any nonresidential prop-
erty, including churches,’’ and inserting ‘‘in the case of 
any nonresidential building, including a church,’’; and 
(B) by striking ‘‘shall be made available to every 
insured upon renewal and every applicant for insurance, 
in respect to any single structure, up to a total amount 
(including such limit specified in subparagraph (B) or (C) 
of paragraph (1), as applicable) of $500,000 for each struc-
ture and $500,000 for any contents related to each struc-
ture’’ and inserting ‘‘shall be made available with respect 
to any single such building, up to an aggregate liability 
(including such limits specified in subparagraph (B) or 
(C) of paragraph (1), as applicable) of $500,000, and cov-
erage shall be made available up to a total of $500,000 
aggregate liability for contents owned by the building owner 
and $500,000 aggregate liability for each unit within the 
building for contents owned by the tenant’’. 
SEC. 100229. LOCAL DATA REQUIREMENT. 
(a) IN GENERAL.—Notwithstanding any other provision of this 
subtitle, no area or community participating in the National Flood 
Insurance Program that is or includes a community that is identi-
fied by the Administrator as Community Identification Number 
360467 and impacted by the Jamaica Bay flooding source or identi-
fied by the Administrator as Community Identification Number 
360495 may be or become designated as an area having special 
flood hazards for purposes of the National Flood Insurance Program, 
unless the designation is made on the basis of— 
(1) flood hazard analyses of hydrologic, hydraulic, or coastal 
flood hazards that have been properly calibrated and validated, 
and are specific and directly relevant to the geographic area 
being studied; and 
(2) ground elevation information of sufficient accuracy and 
precision to meet the guidelines of the Administration for 
accuracy at the 95 percent confidence level. 
(b) REMAPPING.— 
(1) REMAPPING REQUIRED.—If the Administrator determines 
that an area described in subsection (a) has been designated 
as an area of special flood hazard on the basis of information 
that does not comply with the requirements under subsection 
(a), the Administrator shall revise and update any National 
Flood Insurance Program rate map for the area— 
(A) using information that complies with the require-
ments under subsection (a); and 
(B) in accordance with the procedures established 
under section 1363 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4104) for flood elevation determinations. 
(2) INTERIM PERIOD.—A National Flood Insurance Program 
rate map in effect on the date of enactment of this Act for 
an area for which the Administrator has made a determination 
under paragraph (1) shall continue in effect with respect to 
the area during the period— 
(A) beginning on the date of enactment of this Act; 
and 
(B) ending on the date on which the Administrator 
determines that the requirements under section 1363 of 
the National Flood Insurance Act of 1968 (42 U.S.C. 4104)
H. R. 4348—542 
for flood elevation determinations have been met with 
respect to a revision and update under paragraph (1) of 
a National Flood Insurance Program rate map for the 
area. 
(3) DEADLINE.—The Administrator shall issue a prelimi-
nary National Flood Insurance Program rate map resulting 
from a revision and update required under paragraph (1) not 
later than 1 year after the date of enactment of this Act. 
(4) RISK PREMIUM RATE CLARIFICATION.— 
(A) IN GENERAL.—If a revision and update required 
under paragraph (1) results in a reduction in the risk 
premium rate for a property in an area for which the 
Administrator has made a determination under paragraph 
(1), the Administrator shall— 
(i) calculate the difference between the reduced 
risk premium rate and the risk premium rate paid 
by a policyholder with respect to the property during 
the period— 
(I) beginning on the date on which the 
National Flood Insurance Program rate map in 
effect for the area on the date of enactment of 
this Act took effect; and 
(II) ending on the date on which the revised 
or updated National Flood Insurance Program rate 
map takes effect; and 
(ii) reimburse the policyholder an amount equal 
to such difference. 
(B) FUNDING.—Notwithstanding section 1310 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4017), 
there shall be available to the Administrator from pre-
miums deposited in the National Flood Insurance Fund 
pursuant to subsection (d) of such section 1310, of amounts 
not otherwise obligated, the amount necessary to carry 
out this paragraph. 
(c) TERMINATION.— 
(1) IN GENERAL.—Except as provided in paragraph (2), this 
section shall cease to have effect on the effective date of a 
National Flood Insurance Program rate map revised and 
updated under subsection (b)(1). 
(2) REIMBURSEMENTS.—Subsection (b)(4) shall cease to have 
effect on the date on which the Administrator has made all 
reimbursements required under subsection (b)(4). 
SEC. 100230. ELIGIBILITY FOR FLOOD INSURANCE FOR PERSONS 
RESIDING IN COMMUNITIES THAT HAVE MADE ADE-
QUATE PROGRESS ON THE RECONSTRUCTION OR 
IMPROVEMENT OF A FLOOD PROTECTION SYSTEM. 
(a) ELIGIBILITY FOR FLOOD INSURANCE COVERAGE.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law (including section 1307(e) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4014(e))), a person residing in a commu-
nity that the Administrator determines has made adequate 
progress on the reconstruction or improvement of a flood protec-
tion system that will afford flood protection for a 100-year 
floodplain (without regard to the level of Federal funding of
H. R. 4348—543 
or participation in the construction, reconstruction, or improve-
ment), shall be eligible for flood insurance coverage under the 
National Flood Insurance Program— 
(A) if the person resides in a community that is a 
participant in the National Flood Insurance Program; and 
(B) at a risk premium rate that does not exceed the 
risk premium rate that would be chargeable if the flood 
protection system had been completed. 
(2) ADEQUATE PROGRESS.— 
(A) RECONSTRUCTION OR IMPROVEMENT.—For purposes 
of paragraph (1), the Administrator shall determine that 
a community has made adequate progress on the 
reconstruction or improvement of a flood protection system 
if— 
(i) 100 percent of the project cost has been author-
ized; 
(ii) not less than 60 percent of the project cost 
has been secured or appropriated; 
(iii) not less than 50 percent of the flood protection 
system has been assessed as being without deficiencies; 
and 
(iv) the reconstruction or improvement has a 
project schedule that does not exceed 5 years, begin-
ning on the date on which the reconstruction or 
construction of the improvement commences. 
(B) CONSIDERATIONS.—In determining whether a flood 
protection system has been assessed as being without defi-
ciencies, the Administrator shall consider the requirements 
under section 65.10 of chapter 44, Code of Federal Regula-
tions, or any successor thereto. 
(C) DATE
OF
COMMENCEMENT.—For purposes of 
subparagraph (A)(iv) of this paragraph and subsection 
(b)(2)(B), the date of commencement of the reconstruction 
or improvement of a flood protection system that is under-
going reconstruction or improvement on the date of enact-
ment of this Act shall be deemed to be the date on which 
the owner of the flood protection system submits a request 
under paragraph (3). 
(3) REQUEST FOR DETERMINATION.—The owner of a flood 
protection system that is undergoing reconstruction or improve-
ment on the date of enactment of this Act may submit to 
the Administrator a request for a determination under para-
graph (2) that the community in which the flood protection 
system is located has made adequate progress on the 
reconstruction or improvement of the flood protection system. 
(4) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to prohibit the Administrator from making 
a determination under paragraph (2) for any community in 
which a flood protection system is not undergoing reconstruc-
tion or improvement on the date of enactment of this Act. 
(b) TERMINATION OF ELIGIBILITY.— 
(1) ADEQUATE CONTINUING PROGRESS.—The Administrator 
shall issue rules to establish a method of determining whether 
a community has made adequate continuing progress on the 
reconstruction or improvement of a flood protection system 
that includes— 
(A) a requirement that the Administrator shall—
H. R. 4348—545 
may, in the Administrator’s sole discretion, determine that 
a person residing in a community, which is a participant in 
the National Flood Insurance Program, that has begun 
reconstruction or improvement of a flood protection system 
that will afford flood protection for a 100-year floodplain (with-
out regard to the level of Federal funding of or participation 
in the reconstruction or improvement) shall be eligible for flood 
insurance coverage under the National Flood Insurance Pro-
gram at a risk premium rate that does not exceed the risk 
premium rate that would be chargeable if the flood protection 
system had been completed, provided— 
(A) the community makes a written request for the 
determination setting forth the exceptional and exigent 
circumstances, including why the community cannot meet 
the criteria for adequate progress set forth in under sub-
section (a)(2)(A) and why immediate relief is necessary; 
(B) the Administrator submits a written report setting 
forth findings of the exceptional and exigent circumstances 
on which the Administrator based an affirmative deter-
mination to the Committee on Banking, Housing, and 
Urban Affairs of the Senate, and the Committee on Finan-
cial Services of the House of Representatives not later 
than 15 days before making the determination; and 
(C) the eligibility for flood insurance coverage at a 
risk premium rate determined under this subsection termi-
nates no later than 1 year after the date on which the 
Administrator makes the determination. 
(2) LIMITATION.—Upon termination of eligibility under 
paragraph (1)(C), a community may submit another request 
pursuant to paragraph (1)(A). The Administrator may make 
no more than two determinations under paragraph (1) with 
respect to persons residing within any single requesting commu-
nity. 
(3) TERMINATION.—The authority provided under para-
graphs (1) and (2) shall terminate two years after the enactment 
of this Act. 
SEC. 100231. STUDIES AND REPORTS. 
(a) REPORT ON IMPROVING THE NATIONAL FLOOD INSURANCE 
PROGRAM.—Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall conduct 
a study and submit a report to the Committee on Banking, Housing, 
and Urban Affairs of the Senate and the Committee on Financial 
Services of the House of Representatives, on— 
(1) the number of flood insurance policy holders currently 
insuring— 
(A) a residential structure up to the maximum avail-
able coverage amount, as established in section 61.6 of 
title 44, Code of Federal Regulations, of— 
(i) $250,000 for the structure; and 
(ii) $100,000 for the contents of such structure; 
or 
(B) a commercial structure up to the maximum avail-
able coverage amount, as established in section 61.6 of 
title 44, Code of Federal Regulations, of $500,000; 
(2) the increased losses the National Flood Insurance Pro-
gram would have sustained during the 2004 and 2005 hurricane
H. R. 4348—546 
season if the National Flood Insurance Program had insured 
all policyholders up to the maximum conforming loan limit 
for fiscal year 2006 of $417,000, as established under section 
302(b)(2) of the Federal National Mortgage Association Charter 
Act (12 U.S.C. 1717(b)(2)); 
(3) the availability in the private marketplace of flood 
insurance coverage in amounts that exceed the current limits 
of coverage amounts established in section 61.6 of title 44, 
Code of Federal Regulations; and 
(4) what effect, if any— 
(A) raising the current limits of coverage amounts 
established in section 61.6 of title 44, Code of Federal 
Regulations, would have on the ability of private insurers 
to continue providing flood insurance coverage; and 
(B) reducing the current limits of coverage amounts 
established in section 61.6 of title 44, Code of Federal 
Regulations, would have on the ability of private insurers 
to provide sufficient flood insurance coverage to effectively 
replace the current level of flood insurance coverage being 
provided under the National Flood Insurance Program. 
(b) REPORT OF THE ADMINISTRATOR ON ACTIVITIES UNDER THE 
NATIONAL FLOOD INSURANCE PROGRAM.— 
(1) IN GENERAL.—The Administrator shall, on an annual 
basis, submit a full report on the operations, activities, budget, 
receipts, and expenditures of the National Flood Insurance 
Program for the preceding 12-month period to the Committee 
on Banking, Housing, and Urban Affairs of the Senate and 
the Committee on Financial Services of the House of Represent-
atives. 
(2) TIMING.—Each report required under paragraph (1) 
shall be submitted to the committees described in paragraph 
(1) not later than 3 months following the end of each fiscal 
year. 
(3) CONTENTS.—Each report required under paragraph (1) 
shall include— 
(A) the current financial condition and income state-
ment of the National Flood Insurance Fund established 
under section 1310 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4017), including— 
(i) premiums paid into such Fund; 
(ii) policy claims against such Fund; and 
(iii) expenses in administering such Fund; 
(B) the number and face value of all policies issued 
under the National Flood Insurance Program that are in 
force; 
(C) a description and summary of the losses attrib-
utable to repetitive loss structures; 
(D) a description and summary of all losses incurred 
by the National Flood Insurance Program due to— 
(i) hurricane related damage; and 
(ii) nonhurricane related damage; 
(E) the amounts made available by the Administrator 
for mitigation assistance under section 1366(c)(4) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 
4104c(c)(4)), as so redesignated by this Act, for the purchase 
of properties substantially damaged by flood for that fiscal 
year, and the actual number of flood damaged properties
H. R. 4348—547 
purchased and the total cost expended to purchase such 
properties; 
(F) the estimate of the Administrator as to the average 
historical loss year, and the basis for that estimate; 
(G) the estimate of the Administrator as to the max-
imum amount of claims that the National Flood Insurance 
Program would have to expend in the event of a cata-
strophic year; 
(H) the average— 
(i) amount of insurance carried per flood insurance 
policy; 
(ii) premium per flood insurance policy; and 
(iii) loss per flood insurance policy; and 
(I) the number of claims involving damages in excess 
of the maximum amount of flood insurance available under 
the National Flood Insurance Program and the sum of 
the amount of all damages in excess of such amount. 
(c) GAO STUDY ON PRE-FIRM STRUCTURES.—Not later than 
1 year after the date of enactment of this Act, the Comptroller 
General of the United States shall conduct a study and submit 
a report to the Committee on Banking, Housing, and Urban Affairs 
of the Senate and the Committee on Financial Services of the 
House of Representatives, on the— 
(1) composition of the remaining pre-FIRM structures that 
are explicitly receiving discounted premium rates under section 
1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4014), including the historical basis for the receipt of such 
subsidy and the extent to which pre-FIRM structures are cur-
rently owned by the same owners of the property at the time 
of the original National Flood Insurance Program rate map; 
(2) number and fair market value of such structures; 
(3) respective income level of the owners of such structures; 
(4) number of times each such structure has been sold 
since 1968, including specific dates, sales price, and any other 
information the Secretary determines appropriate; 
(5) total losses incurred by such structures since the 
establishment of the National Flood Insurance Program com-
pared to the total losses incurred by all structures that are 
charged a nondiscounted premium rate; 
(6) total cost of foregone premiums since the establishment 
of the National Flood Insurance Program, as a result of the 
subsidies provided to such structures; 
(7) annual cost as a result of the subsidies provided to 
such structures; 
(8) the premium income collected and the losses incurred 
by the National Flood Insurance Program as a result of such 
explicitly subsidized structures compared to the premium 
income collected and the losses incurred by such Program as 
a result of structures that are charged a nondiscounted pre-
mium rate, on a State-by-State basis; and 
(9) the options for eliminating the subsidy to such struc-
tures. 
(d) GAO REVIEW OF FEMA CONTRACTORS.—The Comptroller 
General of the United States, in conjunction with the Office of 
the Inspector General of the Department of Homeland Security, 
shall—
H. R. 4348—548 
(1) conduct a review of the 3 largest contractors the 
Administrator uses in administering the National Flood Insur-
ance Program; and 
(2) not later than 18 months after the date of enactment 
of this Act, submit a report on the findings of such review 
to the Administrator, the Committee on Banking, Housing, 
and Urban Affairs of the Senate, and the Committee on Finan-
cial Services of the House of Representatives. 
(e) STUDY AND REPORT ON GRADUATED RISK.— 
(1) STUDY.— 
(A) STUDY REQUIRED.—The Administrator shall enter 
into a contract under which the National Academy of 
Sciences shall conduct a study exploring methods for under-
standing graduated risk behind levees and the associated 
land development, insurance, and risk communication 
dimensions. 
(B) CONTENTS OF STUDY.—The study under this para-
graph shall— 
(i) research, review, and recommend current best 
practices for estimating direct annualized flood losses 
behind levees for residential and commercial struc-
tures; 
(ii) rank each best practice recommended under 
clause (i) based on the best value, balancing cost, sci-
entific integrity, and the inherent uncertainties associ-
ated with all aspects of the loss estimate, including 
geotechnical engineering, flood frequency estimates, 
economic value, and direct damages; 
(iii) research, review, and identify current best 
floodplain management and land use practices behind 
levees that effectively balance social, economic, and 
environmental considerations as part of an overall flood 
risk management strategy; 
(iv) identify areas in which the best floodplain 
management and land use practices described in clause 
(iii) have proven effective and recommend methods 
and processes by which such practices could be applied 
more broadly across the United States, given the 
variety of different flood risks, State and local legal 
frameworks, and evolving judicial opinions; 
(v) research, review, and identify a variety of flood 
insurance pricing options for flood hazards behind 
levees that are actuarially sound and based on the 
flood risk data developed using the 3 best practices 
recommended under clause (i) that have the best value 
as determined under clause (ii); 
(vi) evaluate and recommend methods to reduce 
insurance 
costs 
through 
creative 
arrangements 
between insureds and insurers while keeping a clear 
accounting of how much financial risk is being borne 
by various parties such that the entire risk is accounted 
for, including establishment of explicit limits on dis-
aster aid or other assistance in the event of a flood; 
and 
(vii) taking into consideration the recommenda-
tions under clauses (i) through (iii), recommend 
approaches to communicate the associated risks to