HR 5114 RFS 
Sec. 34. Eligibility of property demolition and rebuilding under flood mitigation 
assistance program. 
Sec. 35. Study regarding mandatory purchase requirement for non-federally re-
lated loans. 
Sec. 36. Study of methods to increase flood insurance program participation by 
low-income families and families in rural communities and on 
Indian reservations. 
Sec. 37. Report on inclusion of building codes in floodplain management cri-
teria. 
Sec. 38. Study on repaying flood insurance debt. 
Sec. 39. Study regarding certain harbor areas. 
Sec. 40. Study regarding hazard modeling. 
Sec. 41. Study regarding impact of rate increases on pre-FIRM properties. 
Sec. 42. Study of effects of Act. 
Sec. 43. Reimbursement for costs incurred by homeowners obtaining letters of 
map amendment. 
Sec. 44. Interim final rulemaking. 
Sec. 45. Study on private insurance market, community participation in the 
National Flood Insurance Program, and the regionalization of 
the National Flood Insurance Program. 
Sec. 46. Ethics compliance. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds that— 
(1) since the enactment of National Flood In-
surance Act of 1968, the national flood insurance 
program has been the primary source of reliable, 
reasonably priced, flood insurance coverage for mil-
lions of American homes and businesses; 
(2) today over 5,500,000 homes and businesses 
in the United States rely on the national flood insur-
ance program to provide a degree of financial secu-
rity; 
(3) although participation in the national flood 
insurance program has, in the past, largely been lim-
ited to properties required to participate in the pro-
gram because of the program’s mandatory purchase 
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requirement for properties in special flood hazard 
areas with loans from federally regulated lenders, re-
cent annual and extraordinary flooding has resulted 
in the program enjoying its highest voluntary par-
ticipation since the establishment of the mandatory 
flood insurance purchase requirement; 
(4) several years of below-average flood claims 
losses and increased voluntary participation in the 
national flood insurance program have allowed the 
program to fully service the debt incurred following 
Hurricanes Katrina and Rita and allowed the pro-
gram to pay $598,000,000 of the principal of that 
outstanding debt; 
(5) though significant reforms are needed to 
further improve the financial outlook of the national 
flood insurance program, long-term and reliable au-
thorization of the program is an essential element to 
stabilizing the already fragile United States housing 
market; 
(6) increased flooding in areas outside des-
ignated special flood hazard areas prompted the Ex-
ecutive and the Congress in 2002 to begin calling for 
the national flood insurance program to develop and 
disseminate revised, updated flood insurance rate 
maps that reflect the real risk of flooding for prop-
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erties not previously identified as being located with-
in a special flood hazard area; 
(7) dissemination of accurate, up-to-date, flood- 
risk information remains a primary goal of the na-
tional flood insurance program and such information 
should be disseminated as soon as such information 
is collected and available; 
(8) communities should be encouraged to make 
their residents aware of updated flood-risk data 
while communities are assessing and incorporating 
updated flood-risk data into long-term community 
planning; 
(9) the maximum coverage limits for flood in-
surance policies should be increased to reflect infla-
tion and the increased cost of housing; and 
(10) phasing out flood insurance premium sub-
sidies currently extended to vacation homes, second 
homes, and commercial properties would result in 
significant average annual savings to the national 
flood insurance program. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to identify priorities essential to the reform 
and ongoing stable functioning of the national flood 
insurance program; 
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(2) to increase incentives for homeowners and 
communities to participate in the national flood in-
surance program and to improve oversight to ensure 
better accountability of the national flood insurance 
program and the Federal Emergency Management 
Agency; and 
(3) to increase awareness of homeowners of 
flood risks and improve the information regarding 
such risks provided to homeowners. 
SEC. 3. EXTENSION OF NATIONAL FLOOD INSURANCE PRO-
GRAM. 
(a) PROGRAM EXTENSION.—Section 1319 of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 4026) is 
amended by striking ‘‘September 30, 2008’’ and inserting 
‘‘September 30, 2015’’. 
(b) FINANCING.—Section 1309(a) of such Act (42 
U.S.C. 4016(a)) is amended by striking ‘‘September 30, 
2008’’ and inserting ‘‘September 30, 2015’’. 
(c) EXTENSION OF PILOT PROGRAM FOR MITIGA-
TION OF SEVERE REPETITIVE LOSS PROPERTIES.—Sec-
tion 1361A of the National Flood Insurance Act of 1968 
(42 U.S.C. 4102a) is amended— 
(1) in subsection (k)(1), by striking ‘‘2005, 
2006, 2007, 2008, and 2009’’ and inserting ‘‘2011, 
2012, 2013, 2014, and 2015’’; and 
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(2) by striking subsection (l). 
SEC. 4. MAXIMUM COVERAGE LIMITS. 
Subsection (b) of section 1306 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4013(b)) is amended— 
(1) in paragraph (2), by striking ‘‘$250,000’’ 
and inserting ‘‘$335,000’’; 
(2) in paragraph (3), by striking ‘‘$100,000’’ 
and inserting ‘‘$135,000’’; and 
(3) in paragraph (4)— 
(A) by striking ‘‘$500,000’’ each place 
such term appears and inserting ‘‘$670,000’’; 
and 
(B) by inserting before ‘‘; and’’ the fol-
lowing: ‘‘; except that, in the case of any non-
residential property that is a structure con-
taining more than one dwelling unit that is 
made available for occupancy by rental (not-
withstanding the provisions applicable to the 
determination of the risk premium rate for such 
property), additional flood insurance in excess 
of such limits shall be made available to every 
insured upon renewal and every applicant for 
insurance so as to enable any such insured or 
applicant to receive coverage up to a total 
amount that is equal to the product of the total 
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number of such rental dwelling units in such 
property and the maximum coverage limit per 
dwelling unit specified in paragraph (2); except 
that in the case of any such multi-unit, nonresi-
dential rental property that is a pre-FIRM 
structure (as such term is defined in section 
578(b) of the National Flood Insurance Reform 
Act of 1994 (42 U.S.C. 4014 note)), the risk 
premium rate for the first $500,000 of coverage 
shall be determined in accordance with section 
1307(a)(2) and the risk premium rate for any 
coverage in excess of such amount shall be de-
termined 
in 
accordance 
with 
section 
1307(a)(1)’’. 
SEC. 5. PHASE-IN OF ACTUARIAL RATES FOR CERTAIN PRE- 
FIRM 
PROPERTIES, 
SEVERE 
REPETITIVE 
LOSS PROPERTIES, AND PROPERTIES SUB-
STANTIALLY DAMAGED OR SUBSTANTIALLY 
IMPROVED. 
(a) IN GENERAL.—Section 1308(c) of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4015(c)) is 
amended— 
(1) by redesignating paragraph (2) as para-
graph (7); and 
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(2) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) NONRESIDENTIAL PROPERTIES.—Any non-
residential property, which term shall not include 
any multifamily rental property that consists of four 
or more dwelling units. 
‘‘(3) NON-PRIMARY RESIDENCES.—Any residen-
tial property that is not the primary residence of any 
individual, including the owner of the property or 
any other individual who resides in the property as 
a tenant. 
‘‘(4) RECENTLY PURCHASED PRE-FIRM SINGLE- 
FAMILY
PROPERTIES.—Any single family property 
that— 
‘‘(A) has been constructed or substantially 
improved and for which such construction or 
improvement was started, as determined by the 
Director, before December 31, 1974, or before 
the effective date of the initial rate map pub-
lished by the Director under paragraph (2) of 
section 1360 for the area in which such prop-
erty is located, whichever is later; and 
‘‘(B) is purchased after the effective date 
of this paragraph, pursuant to section 5(c)(1) 
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of the Flood Insurance Reform Priorities Act of 
2010. 
‘‘(5) SEVERE REPETITIVE LOSS PROPERTIES.— 
Any severe repetitive loss property, as such term is 
defined in section 1361A(b), that is so designated as 
such as a result of losses occurring on or after the 
date of the enactment of the Flood Insurance Re-
form Priorities Act of 2010. 
‘‘(6) PROPERTIES
SUBSTANTIALLY
DAMAGED 
OR SUBSTANTIALLY IMPROVED.—Any property that, 
on or after the date of the enactment of the Flood 
Insurance Reform and Priorities Act of 2010, has 
experienced or sustained— 
‘‘(A) substantial damage exceeding 50 per-
cent of the fair market value of such property; 
or 
‘‘(B) substantial improvement exceeding 
30 percent of the fair market value of such 
property.’’. 
(b) TECHNICAL AMENDMENTS.—Section 1308 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4015) 
is amended— 
(1) in subsection (c)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘the limitations provided under 
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paragraphs (1) and (2)’’ and inserting ‘‘sub-
section (e)’’; and 
(B) in paragraph (1), by striking ‘‘, ex-
cept’’ and all that follows through ‘‘subsection 
(e)’’; and 
(2) in subsection (e), by striking ‘‘paragraph 
(2) or (3)’’ and inserting ‘‘paragraph (7)’’. 
(c) EFFECTIVE DATE AND TRANSITION.— 
(1) EFFECTIVE DATE.—The amendments made 
by subsections (a) and (b) shall apply beginning 
upon the expiration of the 3-year period that begins 
on the date of the enactment of this Act, except as 
provided in paragraph (2) of this subsection. 
(2) TRANSITION FOR PROPERTIES COVERED BY 
FLOOD INSURANCE UPON EFFECTIVE DATE.— 
(A) INCREASE OF RATES OVER TIME.—In 
the case of any property described in paragraph 
(2), (3), (4), (5), or (6) of section 1308(c) of 
the National Flood Insurance Act of 1968, as 
amended by subsection (a) of this section, that, 
as of the effective date under paragraph (1) of 
this subsection, is covered under a policy for 
flood insurance made available under the na-
tional flood insurance program for which the 
chargeable premium rates are less than the ap-
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plicable estimated risk premium rate under sec-
tion 1307(a)(1) for the area in which the prop-
erty is located, the Director of the Federal 
Emergency Management Agency shall increase 
the chargeable premium rates for such property 
over time to such applicable estimated risk pre-
mium rate under section 1307(a)(1). 
(B) ANNUAL
INCREASE.—Such increase 
shall be made by increasing the chargeable pre-
mium rates for the property (after application 
of any increase in the premium rates otherwise 
applicable to such property), once during the 
12-month period that begins upon the effective 
date under paragraph (1) of this subsection and 
once every 12 months thereafter until such in-
crease is accomplished, by 20 percent (or such 
lesser amount as may be necessary so that the 
chargeable rate does not exceed such applicable 
estimated risk premium rate or to comply with 
subparagraph (C)). 
(C) PROPERTIES
SUBJECT
TO
PHASE-IN 
AND ANNUAL INCREASES.—In the case of any 
pre-FIRM property (as such term is defined in 
section 578(b) of the National Flood Insurance 
Reform Act of 1974), the aggregate increase, 
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during any 12-month period, in the chargeable 
premium rate for the property that is attrib-
utable to this paragraph or to an increase de-
scribed in section 1308(e) of the National Flood 
Insurance Act of 1968 may not exceed 20 per-
cent. 
(D) FULL ACTUARIAL RATES.—The provi-
sions of paragraphs (2), (3), (4), (5), and (6) 
of such section 1308(c) shall apply to such a 
property upon the accomplishment of the in-
crease under this paragraph and thereafter. 
SEC. 6. 5-YEAR DELAY IN EFFECTIVE DATE OF MANDATORY 
PURCHASE REQUIREMENT FOR NEW FLOOD 
HAZARD AREAS. 
(a) IN GENERAL.—Section 102 of the Flood Disaster 
Protection Act of 1973 (42 U.S.C. 4012a) is amended by 
adding at the end the following new subsections: 
‘‘(i) DELAYED EFFECTIVE DATE OF MANDATORY 
PURCHASE REQUIREMENT
FOR NEW FLOOD HAZARD 
AREAS.— 
‘‘(1) IN GENERAL.—In the case of any area 
that was not previously designated as an area having 
special flood hazards and that, pursuant to any 
issuance, revision, updating, or other change in flood 
insurance maps that takes effect on or after Sep-
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tember 30, 2007, becomes designated as an area 
having special flood hazards, if each State and local 
government having jurisdiction over any portion of 
the geographic area has complied with paragraph 
(2), such designation shall not take effect for pur-
poses of subsection (a), (b), or (e) of this section, or 
section 202(a) of this Act, until the expiration of the 
5-year period beginning upon the date that such 
maps, as issued, revised, update, or otherwise 
changed, become effective. 
‘‘(2) NOTICE REQUIREMENTS.—A State or local 
government shall be considered to have complied 
with this paragraph with respect to any geographic 
area described in paragraph (1) only if the State or 
local government has, before the effective date of the 
issued, revised, updated, or changed maps, and in 
accordance with such standards as shall be estab-
lished by the Director— 
‘‘(A) developed an evacuation plan to be 
implemented in the event of flooding in such 
portion of the geographic area; and 
‘‘(B) developed and implemented an out-
reach and communication plan to advise occu-
pants in such portion of the geographic area of 
potential flood risks, appropriate evacuation 
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routes under the evacuation plan referred to in 
subparagraph (A), the opportunity to purchase 
flood insurance, and the consequences of failure 
to purchase flood insurance. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (1) may be construed to affect the appli-
cability of a designation of any area as an area hav-
ing special flood hazards for purposes of the avail-
ability of flood insurance coverage, criteria for land 
management and use, notification of flood hazards, 
eligibility for mitigation assistance, or any other pur-
pose or provision not specifically referred to in para-
graph (1). 
‘‘(j) AVAILABILITY
OF PREFERRED RISK RATING 
METHOD PREMIUMS.—The preferred risk rate method 
premium shall be available for flood insurance coverage 
for properties located in areas referred to in subsection 
(i)(1) and during the time period referred to in subsection 
(i)(1).’’. 
(b) CONFORMING AMENDMENT.—The second sen-
tence of subsection (h) of section 1360 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4101(h)) is 
amended by striking ‘‘Such’’ and inserting ‘‘Except for no-
tice regarding a change described in section 102(i)(1) of 
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the Flood Disaster Protection Act of 1973 (42 U.S.C. 
4012a(i)(1)), such’’. 
(c) NO REFUNDS.—Nothing in this section or the 
amendments made by this section may be construed to au-
thorize or require any payment or refund for flood insur-
ance coverage purchased for any property that covered any 
period during which such coverage is not required for the 
property pursuant to the applicability of the amendment 
made by subsection (a). 
SEC. 7. 5-YEAR PHASE-IN OF FLOOD INSURANCE RATES 
FOR NEWLY MAPPED AREAS. 
(a) IN GENERAL.—Section 1308 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4015), as amend-
ed by the preceding provisions of this Act, is further 
amended— 
(1) in subsection (a), in the matter preceding 
paragraph (1), by inserting ‘‘or notice’’ after ‘‘pre-
scribe by regulation’’; 
(2) in subsection (c), by inserting ‘‘and sub-
section (g)’’ before the first comma; and 
(3) by adding at the end the following new sub-
section: 
‘‘(g) 5-YEAR
PHASE-IN
OF
FLOOD
INSURANCE 
RATES FOR NEWLY MAPPED AREAS.—Notwithstanding 
any other provision of law relating to chargeable risk pre-
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mium rates for flood insurance coverage under this title, 
in the case of any area that was not previously designated 
as an area having special flood hazards and that, pursuant 
to any issuance, revision, updating, or other change in 
flood insurance maps, becomes designated as such an 
area, during the 5-year period that begins upon the expira-
tion of the period referred to in section 102(i)(1) of the 
Flood Disaster Protection Act of 1973 with respect to 
such area, the chargeable premium rate for flood insur-
ance under this title with respect to any property that is 
located within such area shall be— 
‘‘(1) for the first year of such 5-year period, 20 
percent of the chargeable risk premium rate other-
wise applicable under this title to the property; 
‘‘(2) for the second year of such 5-year period, 
40 percent of the chargeable risk premium rate oth-
erwise applicable under this title to the property; 
‘‘(3) for the third year of such 5-year period, 60 
percent of the chargeable risk premium rate other-
wise applicable under this title to the property; 
‘‘(4) for the fourth year of such 5-year period, 
80 percent of the chargeable risk premium rate oth-
erwise applicable under this title to the property; 
and 
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‘‘(5) for the fifth year of such 5-year period, 
100 percent of the chargeable risk premium rate 
otherwise applicable under this title to the prop-
erty.’’. 
(b) REGULATION OR NOTICE.—The Administrator of 
the Federal Emergency Management Agency shall issue 
an interim final rule or notice to implement this section 
and the amendments made by this section as soon as prac-
ticable after the date of the enactment of this Act. 
SEC. 8. INCREASE IN ANNUAL LIMITATION ON PREMIUM IN-
CREASES. 
Section 1308(e) of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4015(e)) is amended by striking ‘‘10 
percent’’ and inserting ‘‘20 percent’’. 
SEC. 
9. 
CONSIDERATION 
OF 
CONSTRUCTION, 
RECON-
STRUCTION, AND IMPROVEMENT OF FLOOD 
PROTECTION SYSTEMS IN DETERMINATION 
OF FLOOD INSURANCE RATES. 
(a) IN GENERAL.—Section 1307 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4014) is amend-
ed— 
(1) in subsection (e)— 
(A) in the first sentence, by striking ‘‘con-
struction of a flood protection system’’ and in-
serting ‘‘construction, reconstruction, or im-
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provement of a flood protection system (without 
respect to the level of Federal investment or 
participation)’’; and 
(B) in the second sentence— 
(i) by striking ‘‘construction of a flood 
protection system’’ and inserting ‘‘con-
struction, reconstruction, or improvement 
of a flood protection system’’; and 
(ii) by inserting ‘‘based on the present 
value of the completed system’’ after ‘‘has 
been expended’’; and 
(2) in subsection (f)— 
(A) in the first sentence in the matter pre-
ceding paragraph (1), by inserting ‘‘(without re-
spect to the level of Federal investment or par-
ticipation)’’ before the period at the end; 
(B) in the third sentence in the matter 
preceding paragraph (1), by inserting ‘‘, wheth-
er coastal or riverine,’’ after ‘‘special flood haz-
ard’’; and 
(C) in paragraph (1), by striking ‘‘a Fed-
eral agency in consultation with the local 
project sponsor’’ and inserting ‘‘the entity or 
entities that own, operate, maintain, or repair 
such system’’. 
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(b) REGULATIONS.—The Administrator of the Fed-
eral Emergency Management Agency shall promulgate 
regulations to implement this section and the amendments 
made by this section as soon as practicable, but not more 
than 18 months after the date of the enactment of this 
Act. Section 5 may not be construed to annul, alter, affect, 
authorize any waiver of, or establish any exception to, the 
requirement under the preceding sentence. 
(c) IMPLEMENTATION.—The Administrator of the 
Federal Emergency Management Agency shall implement 
this section and the amendments made by this section in 
a manner that will not materially weaken the financial po-
sition of the national flood insurance program or increase 
the risk of financial liability to Federal taxpayers. 
SEC. 10. DISCOUNTED FLOOD INSURANCE RATES FOR 
PROPERTIES PROTECTED BY A FLOOD-PRO-
TECTION SYSTEM FROM LESS THAN A 100- 
YEAR FREQUENCY FLOOD. 
Section 1307 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4014) is amended by adding at the end 
the following new subsection: 
‘‘(g) Except as provided in subsection (f) and not-
withstanding any other provision of law, flood insurance 
coverage shall be made available for a property that the 
Director determines is protected by a flood-protection sys-
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tem that does not provide protection against a 100-year 
frequency flood at premium rates that reflect a discount 
for the actual protection against flood risk afforded by 
such flood-protection system.’’. 
SEC. 11. TREATMENT OF CERTAIN FLOOD PROTECTION 
PROJECTS. 
Section 1308 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4015), as amended by the preceding pro-
visions of this Act, is further amended by adding at the 
end the following new subsection: 
‘‘(h) TREATMENT OF CERTAIN FLOOD PROTECTION 
PROJECTS.— 
‘‘(1) INAPPLICABILITY
OF
MANDATORY
PUR-
CHASE REQUIREMENT; PREMIUM RATES.—Notwith-
standing any other provision of law, upon full com-
pletion, as designed, of a flood protection system 
that was intended to provide flood protection with 
respect to a covered area, such covered area— 
‘‘(A) shall not be considered to be an area 
having special flood hazards for purposes of this 
Act or subsections (a), (b), or (e) of section 
102, or section 202(a) of the Flood Disaster 
Protection Act of 1973; and 
‘‘(B) shall be eligible for flood insurance 
under this Act, if and to the extent that such 
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area is eligible for such insurance under the 
other provisions of this Act, at premium rates 
not exceeding those that would be applicable 
under this section if the flood protection system 
referred to in paragraph (2) for such area had 
been completed and accredited as providing pro-
tection from floods at the level that the system 
was designed to provide (before construction, 
reconstruction, or improvement of the system, 
as applicable, began). 
The flood insurance rate maps shall indicate, for 
each covered area, the status of the area under sub-
paragraphs (A) and (B). 
‘‘(2) COVERED
AREA.—For purposes of this 
subsection, a covered area is an area that was in-
tended to be protected by a flood protection sys-
tem— 
‘‘(A)(i) for which, as of April 15, 2010— 
‘‘(I) construction, reconstruction, or 
improvement has not been completed; 
‘‘(II) adequate progress, within the 
meaning of section 1307(e), has been made 
on such construction, reconstruction, or 
improvement; and 
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‘‘(III) is in an area having special 
flood hazards; or 
‘‘(ii) for which, as of such date— 
‘‘(I) construction, reconstruction, or 
improvement has been completed; 
‘‘(II) a determination regarding ac-
creditation has not been made; and 
‘‘(III) is in an area having special 
flood hazards; 
‘‘(B) that was designed to provide protec-
tion for at least the 100-year frequency flood; 
and 
‘‘(C) that has been determined, pursuant 
to waterflow data or other scientific information 
of a Federal agency obtained after, or that has 
changed since, commencement of construction, 
reconstruction, or improvement, will not provide 
protection from floods at the level referred to in 
subparagraph (B).’’. 
SEC. 12. PROHIBITION OF EXTENSION OF SUBSIDIZED 
RATES TO LAPSED POLICIES. 
Section 1308 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4015), as amended by the preceding pro-
visions of this Act, is further amended by adding at the 
end the following new subsection: 
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‘‘(i) PROHIBITION OF EXTENSION OF SUBSIDIZED 
RATES TO LAPSED POLICIES.—The Director shall not 
provide flood insurance coverage under this title to any 
prospective insured at a rate less than the applicable esti-
mated risk premium rates for the area (or subdivision 
thereof) for any policy under the flood insurance program 
that has lapsed in coverage, as a result of the deliberate 
choice of the holder of such policy.’’. 
SEC. 13. NOTIFICATION TO HOMEOWNERS REGARDING 
MANDATORY PURCHASE REQUIREMENT AP-
PLICABILITY AND RATE PHASE-INS. 
Section 201 of the Flood Disaster Protection Act of 
1973 (42 U.S.C. 4105) is amended by adding at the end 
the following new subsection: 
‘‘(f) ANNUAL NOTIFICATION.—The Director, in con-
sultation with affected communities, shall establish and 
carry out a plan to notify residents of areas having special 
flood hazards, on an annual basis— 
‘‘(1) that they reside in such an area; 
‘‘(2) of the geographical boundaries of such 
area; 
‘‘(3) of whether section 1308(h) of the National 
Flood Insurance Act of 1968 applies to properties 
within such area; 
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‘‘(4) of the provisions of section 102 requiring 
purchase of flood insurance coverage for properties 
located in such an area, including the date on which 
such provisions apply with respect to such area, tak-
ing into consideration section 102(i); and 
‘‘(5) of a general estimate of what similar 
homeowners in similar areas typically pay for flood 
insurance coverage, taking into consideration section 
1308(g) of the National Flood Insurance Act of 
1968.’’. 
SEC. 14. COMMUNITY OUTREACH PLAN FOR UPDATING 
FLOODPLAIN 
AREAS 
AND 
FLOOD-RISK 
ZONES. 
The Administrator of the Federal Emergency Man-
agement Agency shall, not later than the expiration of the 
60-day period beginning upon the date of the enactment 
of this Act, submit to the Congress a community outreach 
plan for the updating of floodplain areas and flood-risk 
zones under section 1360(f) of the National Flood Insur-
ance Act of 1968 (42 U.S.C. 4101(f)). 
SEC. 15. NOTIFICATION OF ESTABLISHMENT OF FLOOD 
ELEVATIONS. 
Section 1360 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4101) is amended by adding at the end 
the following new subsection: 
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‘‘(l) NOTIFICATION TO MEMBERS OF CONGRESS OF 
MAP MODERNIZATION .—Upon any revision or update of 
any floodplain area or flood-risk zone pursuant to sub-
section (f), any decision pursuant to subsection (f)(1) that 
such revision or update is necessary, any issuance of pre-
liminary maps for such revision or updating, or any other 
significant action relating to any such revision or update, 
the Director shall notify the Senators for each State af-
fected, and each Member of the House of Representatives 
for each congressional district affected, by such revision 
or update in writing of the action taken.’’. 
SEC. 16. COVERAGE FOR ADDITIONAL LIVING EXPENSES 
AND BUSINESS INTERRUPTION. 
Subsection (b) of section 1306 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4013) is amended— 
(1) in paragraph (4), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (5)— 
(A) by inserting ‘‘pursuant to paragraph 
(2), (3), or (4)’’ after ‘‘any flood insurance cov-
erage’’; and 
(B) by striking the period at the end and 
inserting a semicolon; and 
(3) by adding at the end the following new 
paragraphs: 
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‘‘(6) in the case of any residential property, 
each renewal or new contract for flood insurance 
coverage shall provide not less than $1,000 aggre-
gate liability per dwelling unit for any necessary in-
creases in living expenses incurred by the insured 
when losses from a flood make the residence unfit to 
live in, which coverage shall be available only at 
chargeable rates that are not less than the estimated 
premium rates for such coverage determined in ac-
cordance with section 1307(a)(1); 
‘‘(7) in the case of any residential property, op-
tional coverage for additional living expenses de-
scribed in paragraph (6) shall be made available to 
every insured upon renewal and every applicant in 
excess of the limits provided in paragraph (6) in 
such amounts and at such rates as the Director 
shall establish, except that such chargeable rates 
shall not be less than the estimated premium rates 
for such coverage determined in accordance with sec-
tion 1307(a)(1); and 
‘‘(8) in the case of any commercial property or 
other residential property, including multifamily 
rental property, optional coverage for losses result-
ing from any partial or total interruption of the in-
sured’s business caused by damage to, or loss of, 
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such property from a flood shall be made available 
to every insured upon renewal and every applicant, 
except that— 
‘‘(A) the Director may provide such cov-
erage under such terms, conditions, and re-
quirements as the Director considers appro-
priate to meet the needs of small businesses 
while complying with the requirement under 
subparagraph (C); and 
‘‘(B) any such coverage shall be made 
available only at chargeable rates that are not 
less than the estimated premium rates for such 
coverage determined in accordance with section 
1307(a)(1).’’. 
SEC. 17. EXCEPTION TO WAITING PERIOD FOR EFFECTIVE 
DATE OF POLICIES. 
Section 1306(c)(2)(A) of the National Flood Insur-
ance Act of 1968 (42 U.S.C. 4013(c)(2)(A)) is amended 
by inserting before the semicolon the following: ‘‘or is in 
connection with the purchase or other transfer of the prop-
erty for which the coverage is provided (regardless of 
whether a loan is involved in the purchase or transfer 
transaction), but only when such initial purchase of cov-
erage is made not later 30 days after such making, in-
creasing, extension, or renewal of the loan or not later 
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than 30 days after such purchase or other transfer of the 
property, as applicable’’. 
SEC. 18. MINIMUM DEDUCTIBLES FOR CLAIMS. 
Section 1312 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4019) is amended— 
(1) by striking ‘‘The Director is’’ and inserting 
the following: ‘‘(a) IN GENERAL.—The Director is’’; 
and 
(2) by adding at the end the following: 
‘‘(b) MINIMUM ANNUAL DEDUCTIBLES.— 
‘‘(1) PRE-FIRM PROPERTIES.—For any struc-
ture that is covered by flood insurance under this 
title, and on which construction or substantial im-
provement occurred on or before December 31, 
1974, or before the effective date of an initial flood 
insurance rate map published by the Director under 
section 1360 for the area in which such structure is 
located, the minimum annual deductible for damage 
to or loss of such structure shall be— 
‘‘(A) $1,500, if the flood insurance cov-
erage for such structure covers loss of, or phys-
ical damage to, such structure in an amount 
equal to or less than $100,000; and 
‘‘(B) $2,000, if the flood insurance cov-
erage for such structure covers loss of, or phys-
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ical damage to, such structure in an amount 
greater than $100,000. 
‘‘(2) POST-FIRM PROPERTIES.—For any struc-
ture that is covered by flood insurance under this 
title, and on which construction or substantial im-
provement occurred after December 31, 1974, or 
after the effective date of an initial flood insurance 
rate map published by the Director under section 
1360 for the area in which such structure is located, 
the minimum annual deductible for damage to or 
loss of such structure shall be— 
‘‘(A) $750, if the flood insurance coverage 
for such structure covers loss of, or physical 
damage to, such structure in an amount equal 
to or less than $100,000; and 
‘‘(B) $1,000, if the flood insurance cov-
erage for such structure covers loss of, or phys-
ical damage to, such structure in an amount 
greater than $100,000.’’. 
SEC. 19. PAYMENT OF PREMIUMS IN INSTALLMENTS FOR 
RESIDENTIAL PROPERTIES. 
Section 1306 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4013) is amended by adding at the end 
the following new subsection: 
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‘‘(d) PAYMENT OF PREMIUMS IN INSTALLMENTS FOR 
RESIDENTIAL PROPERTIES.—In addition to any other 
terms and conditions under subsection (a), such regula-
tions shall provide that, in the case of any residential prop-
erty, premiums for flood insurance coverage for such prop-
erty may be paid in installments.’’. 
SEC. 20. TERMINATION OF FORCE-PLACED INSURANCE. 
Section 102(e) of the Flood Disaster Protection Act 
of 1973 (42 U.S.C. 4012a(e)) is amended— 
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (5) and 6), respectively; and 
(2) by adding inserting after paragraph (2) the 
following new paragraphs: 
‘‘(3) TERMINATION OF FORCE-PLACED INSUR-
ANCE.—Within 15 days of receipt by the lender or 
servicer of a confirmation of a borrower’s existing 
flood insurance coverage, the lender or servicer 
shall— 
‘‘(A) terminate the force-placed insurance; 
and 
‘‘(B) refund to the borrower all force- 
placed insurance premiums paid by the bor-
rower during any period during which the bor-
rower’s flood insurance coverage and the force- 
placed flood insurance coverage were each in ef-
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fect, and any related fees charged to the bor-
rower with respect to the force-placed insurance 
during such period. 
‘‘(4) SUFFICIENCY
OF
DEMONSTRATION.—A 
lender or servicer for a loan shall accept any reason-
able form of written confirmation from a borrower 
of existing flood insurance coverage, which shall in-
clude the existing flood insurance policy number 
along with the identity of, and contact information 
for, the insurance company or agent.’’. 
SEC. 21. ENFORCEMENT. 
Section 102(f) of the Flood Disaster Protection Act 
of 1973 (42 U.S.C. 4012a(f)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A)(iii), by striking 
‘‘or’’ at the end; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(C) in connection with the making, in-
creasing, extending, servicing, or renewing of 
any loan, requiring the purchase of flood insur-
ance coverage under the National Flood Insur-
ance Act of 1968, or purchasing such coverage 
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pursuant to subsection (e)(2), in an amount in 
excess of the minimum amount required under 
subsections (a) and (b) of this section.’’; 
(2) in paragraph (5)— 
(A) in the first sentence, by striking 
‘‘$350’’ and inserting ‘‘$2,000’’; and 
(B) in the last sentence, by striking 
‘‘$100,000’’ and inserting ‘‘$1,000,000; except 
that such limitation shall not apply to a regu-
lated lending institution or enterprise for a cal-
endar year if, in any three (or more) of the five 
calendar years immediately preceding such cal-
endar year, the total amount of penalties as-
sessed under this subsection against such lend-
ing institution or enterprise was $1,000,000’’; 
and 
(3) in paragraph (6), by adding after the period 
at the end the following: ‘‘No penalty may be im-
posed under this subsection on a regulated lending 
institution or enterprise that has made a good faith 
effort to comply with the requirements of the provi-
sions referred to in paragraph (2) or for any non- 
material violation of such requirements.’’. 
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SEC. 22. NOTIFICATION TO TENANTS OF AVAILABILITY OF 
CONTENTS INSURANCE. 
The National Flood Insurance Act of 1968 is amend-
ed by inserting after section 1308 (42 U.S.C. 4015) the 
following new section: 
‘‘SEC. 1308A. NOTIFICATION TO TENANTS OF AVAILABILITY 
OF CONTENTS INSURANCE. 
‘‘(a) IN GENERAL.—The Director shall, upon enter-
ing into a contract for flood insurance coverage under this 
title for any property— 
‘‘(1) provide to the insured sufficient copies of 
the notice developed pursuant to subsection (b); and 
‘‘(2) require the insured to provide a copy of 
the notice, or otherwise provide notification of the 
information under subsection (b) in the manner that 
the manager or landlord deems most appropriate, to 
each such tenant and to each new tenant upon com-
mencement of such a tenancy. 
‘‘(b) NOTICE.—Notice to a tenant of a property in 
accordance with this subsection is written notice that 
clearly informs a tenant— 
‘‘(1) whether the property is located in an area 
having special flood hazards; 
‘‘(2) that flood insurance coverage is available 
under the national flood insurance program under 
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this title for contents of the unit or structure leased 
by the tenant; 
‘‘(3) of the maximum amount of such coverage 
for contents available under this title at that time; 
and 
‘‘(4) of where to obtain information regarding 
how to obtain such coverage, including a telephone 
number, mailing address, and Internet site of the 
Director where such information is available.’’. 
SEC. 23. GRANTS FOR DIRECT FUNDING OF MITIGATION 
ACTIVITIES 
FOR 
INDIVIDUAL 
REPETITIVE 
CLAIMS PROPERTIES. 
(a) DIRECT GRANTS TO OWNERS.—Section 1323 of 
the National Flood Insurance Act of 1968 (42 U.S.C. 
4030) is amended— 
(1) in the section heading, by inserting ‘‘DI-
RECT’’ before ‘‘GRANTS’’; and 
(2) in the matter in subsection (a) that pre-
cedes paragraph (1)— 
(A) by inserting ‘‘, to owners of such prop-
erties,’’ before ‘‘for mitigation actions’’; and 
(B) by striking ‘‘1’’ and inserting ‘‘two’’. 
(b) AVAILABILITY OF FUNDS.—Paragraph (9) of sec-
tion 1310(a) of the National Flood Insurance Act of 1968 
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(42 U.S.C. 4017(a)) is amended by inserting ‘‘which shall 
remain available until expended,’’ after ‘‘any fiscal year,’’. 
SEC. 24. FLOOD INSURANCE OUTREACH. 
Chapter I of the National Flood Insurance Act of 
1968 (42 U.S.C. 4011 et seq.), as amended by the pre-
ceding provisions of this Act, is further amended by add-
ing at the end the following new section: 
‘‘SEC. 1326. GRANTS FOR OUTREACH TO PROPERTY OWN-
ERS AND RENTERS. 
‘‘(a) IN GENERAL.—The Director may, to the extent 
amounts are made available pursuant to subsection (i), 
make grants to local governmental agencies responsible for 
floodplain management activities (including such agencies 
of Indians tribes, as such term is defined in section 4 of 
the Native American Housing Assistance and Self-Deter-
mination Act of 1996 (25 U.S.C. 4103)) in communities 
that participate in the national flood insurance program 
under this title, for use by such agencies to carry out out-
reach activities to encourage and facilitate the purchase 
of flood insurance protection under this Act by owners and 
renters of properties in such communities and to promote 
educational activities that increase awareness of flood risk 
reduction. 
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‘‘(b) OUTREACH ACTIVITIES.—Amounts from a grant 
under this section shall be used only for activities designed 
to— 
‘‘(1) identify owners and renters of properties 
in communities that participate in the national flood 
insurance program, including owners of residential 
and commercial properties; 
‘‘(2) notify such owners and renters when their 
properties become included in, or when they are ex-
cluded from, an area having special flood hazards 
and the effect of such inclusion or exclusion on the 
applicability of the mandatory flood insurance pur-
chase requirement under section 102 of the Flood 
Disaster Protection Act of 1973 (42 U.S.C. 4012a) 
to such properties; 
‘‘(3) educate such owners and renters regarding 
the flood risk and reduction of this risk in their 
community, including the continued flood risks to 
areas that are no longer subject to the flood insur-
ance mandatory purchase requirement; 
‘‘(4) educate such owners and renters regarding 
the benefits and costs of maintaining or acquiring 
flood insurance, including, where applicable, lower- 
cost preferred risk policies under this title for such 
properties and the contents of such properties; 
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‘‘(5) encouraging such owners and renters to 
maintain or acquire such coverage; 
‘‘(6) notify such owners of where to obtain in-
formation regarding how to obtain such coverage, in-
cluding a telephone number, mailing address, and 
Internet site of the Director where such information 
is available; and 
‘‘(7) educate local real estate agents in commu-
nities participating in the national flood insurance 
program regarding the program and the availablility 
of coverage under the program for owners and rent-
ers of properties in such communities, and establish 
coordination and liaisons with such real estate 
agents to facilitate purchase of coverage under this 
Act and increase awareness of flood risk reduction. 
‘‘(c) COST SHARING REQUIREMENT.— 
‘‘(1) IN GENERAL.—In any fiscal year, the Di-
rector may not provide a grant under this section to 
a local governmental agency in an amount exceeding 
3 times the amount that the agency certifies, as the 
Director shall require, that the agency will con-
tribute from non-Federal funds to be used with 
grant amounts only for carrying out activities de-
scribed in subsection (b). 
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‘‘(2) NON-FEDERAL FUNDS.—For purposes of 
this subsection, the term ‘non-Federal funds’ in-
cludes State or local government agency amounts, 
in-kind contributions, any salary paid to staff to 
carry out the eligible activities of the grant recipient, 
the value of the time and services contributed by vol-
unteers to carry out such services (at a rate deter-
mined by the Director), and the value of any do-
nated material or building and the value of any lease 
on a building. 
‘‘(d) ADMINISTRATIVE COST LIMITATION.—Notwith-
standing subsection (b), the Director may use not more 
than 5 percent of amounts made available under sub-
section (i) to cover salaries, expenses, and other adminis-
trative costs incurred by the Director in making grants 
and provide assistance under this section. 
‘‘(e) APPLICATION AND SELECTION.— 
‘‘(1) IN GENERAL.—The Director shall provide 
for local governmental agencies described in sub-
section (a) to submit applications for grants under 
this section and for competitive selection, based on 
criteria established by the Director, of agencies sub-
mitting such applications to receive such grants. 
‘‘(2) SELECTION CONSIDERATIONS.—In select-
ing applications of local government agencies to re-
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ceive grants under paragraph (1), the Director shall 
consider— 
‘‘(A) the existence of a cooperative tech-
nical partner agreement between the local gov-
ernmental agency and the Federal Emergency 
Management Agency; 
‘‘(B) the history of flood losses in the rel-
evant area that have occurred to properties, 
both inside and outside the special flood haz-
ards zones, which are not covered by flood in-
surance coverage; 
‘‘(C) the estimated percentage of high-risk 
properties located in the relevant area that are 
not covered by flood insurance; 
‘‘(D) demonstrated success of the local 
governmental agency in generating voluntary 
purchase of flood insurance; 
‘‘(E) demonstrated technical capacity of 
the local governmental agency for outreach to 
individual property owners; and 
‘‘(F) the number of flood-related major 
disaster or emergency declarations made by the 
President with respect to the relevant area 
under the Robert T. Stafford Disaster Relief 
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and Emergency Assistance Act (42 U.S.C. 5121 
et seq.) during the preceding five years. 
‘‘(f) DIRECT OUTREACH BY FEMA.—In each fiscal 
year that amounts for grants are made available pursuant 
to subsection (i), the Director may use not more than 50 
percent of such amounts to carry out, and to enter into 
contracts with other entities to carry out, activities de-
scribed in subsection (b) in areas that the Director deter-
mines have the most immediate need for such activities. 
‘‘(g) COORDINATION WITH OTHER AGENCIES.—A 
local governmental agency that receives a grant under this 
section, and an entity that receives amounts pursuant to 
subsection (f), may coordinate or contract with other 
agencies and entities having particular capacities, special-
ties, or experience with respect to certain populations or 
constituencies, including elderly or disabled families or 
persons, to carry out activities described in subsection (b) 
with respect to such populations or constituencies. 
‘‘(h) REPORTING.— 
‘‘(1) LOCAL GOVERNMENTS.—Each local gov-
ernment agency that receives a grant under this sec-
tion, and each entity that receives amounts pursuant 
to subsection (f), shall submit a report to the Direc-
tor, not later than 12 months after such amounts 
are first received, which shall include such informa-
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tion as the Director considers appropriate to de-
scribe the activities conducted using such amounts 
and the effect of such activities on the retention or 
acquisition of flood insurance coverage. 
‘‘(2) DIRECTOR.—The Director shall submit an 
annual report, not later than December 31 of each 
year, to the Committee on Financial Services of the 
House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate 
on the effectiveness of grants awarded under this 
section to local government agencies, the activities 
conducted using such grant amounts, and the effect 
of such activities on the retention or acquisition of 
flood insurance coverage. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated for grants under this section 
$50,000,000 for each of fiscal years 2011 through 2015. 
‘‘(j) PROHIBITION
ON
EARMARKS.—No amounts 
made available for grants under this section may be used 
for a Congressional earmark as defined in clause 9(e) of 
Rule XXI of the Rules of the House of Representatives.’’. 
SEC. 25. TREATMENT OF SWIMMING POOL ENCLOSURES 
OUTSIDE OF HURRICANE SEASON. 
Chapter I of the National Flood Insurance Act of 
1968 (42 U.S.C. 4001 et seq.), as amended by the pre-
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HR 5114 RFS 
terms and conditions it may establish, tempo-
rarily suspend implementation of a floodplain 
map pending such panel’s review of evidence 
submitted by such individuals or communities 
as part of such challenge; 
‘‘(H) establish a process under which sci-
entific and engineering data, including maps 
and an explanation of how the Director makes 
a determination regarding a map revision, will 
be made publicly available to any interested in-
dividuals to be impacted by a flood map revi-
sion; and 
‘‘(I) establish a process under which each 
community to be impacted by a flood map revi-
sion will be provided an open community forum 
to consult with and ask questions of representa-
tives of the Federal Emergency Management 
Administration. 
‘‘(J) identify ways to assist communities in 
efforts to fund the accreditation of flood protec-
tion systems. 
‘‘(2) ANNUAL REPORTS.— 
‘‘(A) ACTIVITIES.—Not later than Decem-
ber 31 of each calendar year, the National 
Flood Insurance Advocate shall report to the 
VerDate Mar 15 2010 
21:49 Jul 19, 2010
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