I 
113TH CONGRESS 
1ST SESSION H. R. 3511 
To delay the implementation of certain provisions of the Biggert-Waters 
Flood Insurance Reform Act of 2012, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 15, 2013 
Mr. CAPUANO (for himself, Ms. WATERS, Mr. JONES, Mr. HINOJOSA, Mr. 
LYNCH, Mr. KEATING, and Mr. TIERNEY) introduced the following bill; 
which was referred to the Committee on Financial Services, and in addi-
tion to the Committee on Rules, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To delay the implementation of certain provisions of the 
Biggert-Waters Flood Insurance Reform Act of 2012, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Keeping Flood Insur-
ance Affordable Act of 2013’’. 
SEC. 2. DEFINITIONS. 
As used in this Act, the following definitions shall 
apply: 
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(1) ADJUSTED BASE FLOOD ELEVATION.—For 
purposes of rating a floodproofed covered structure, 
the term ‘‘adjusted base flood elevation’’ means the 
base flood elevation for a covered structure on the 
applicable effective flood insurance rate map, plus 1 
foot. 
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal 
Emergency Management Agency. 
(3) AFFORDABILITY
AUTHORITY
BILL.—The 
term ‘‘affordability authority bill’’ means a non- 
amendable bill that if enacted would only grant the 
Administrator the authority necessary to promulgate 
regulations in accordance with the criteria set forth 
in section 3(d)(2). 
(4) AFFORDABILITY
STUDY.—The term ‘‘af-
fordability study’’ means the study required under 
section 100236 of the Biggert-Waters Flood Insur-
ance Reform Act of 2012 (Public Law 112–141; 126 
Stat. 957). 
(5) APPLICABLE
FLOOD
PLAIN
MANAGEMENT 
MEASURES.—The term ‘‘applicable flood plain man-
agement measures’’ means flood plain management 
measures adopted by a community under section 
60.3(c) of title 44, Code of Federal Regulations. 
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(6) COVERED STRUCTURE.—The term ‘‘covered 
structure’’ means a residential structure— 
(A) that is located in a community that 
has adopted flood plain management measures 
that are approved by the Federal Emergency 
Management Agency and that satisfy the re-
quirements for an exception for floodproofed 
residential basements under section 60.6(c) of 
title 44, Code of Federal Regulations; and 
(B) that was built in compliance with the 
applicable flood plain management measures. 
(7) DRAFT AFFORDABILITY FRAMEWORK.—The 
term ‘‘draft affordability framework’’ means the 
draft programmatic and regulatory framework re-
quired to be prepared by the Administrator and sub-
mitted to Congress under section 3(d) addressing 
the issues of affordability of flood insurance sold 
under the National Flood Insurance Program, in-
cluding issues identified in the affordability study. 
(8) FLOODPROOFED
ELEVATION.—The term 
‘‘floodproofed elevation’’ means the height of 
floodproofing on a covered structure, as identified on 
the Residential Basement Floodproofing Certificate 
for the covered structure. 
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(B) described under 1307(g)(3) of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 
4014(g)(3)), provided that the decision of the 
policy holder to permit a lapse in flood insur-
ance coverage was as a result of the property 
no longer being required to retain such cov-
erage. 
(3) CERTAIN SUBSIDIZED RATE PROPERTIES.— 
Beginning on the date of enactment of this Act, the 
Administrator may not reduce the risk premium rate 
subsidies for flood insurance for any property— 
(A) described under section 1307(a)(2)(A) 
of the National Flood Insurance Act of 1968 
(42 U.S.C. 4014(a)(2)(A)) and the appraised 
value of which does not exceed $1,000,000, ex-
cept that for any owner of such a non-primary 
residence this subparagraph shall apply to only 
one such property; or 
(B) described under section 1307(a)(2)(D) 
of the National Flood Insurance Act of 1968 
(42 U.S.C. 4014(a)(2)(D)), except that— 
(i) any single business may insure 
only a single property with risk premium 
rate subsidies provided pursuant to this 
subparagraph; and 
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(ii) notwithstanding section 1306(b) 
(42 U.S.C. 4013(b)), in making insurance 
coverage available for any property with 
risk premium rate subsidies provided pur-
suant to this subparagraph, coverage shall 
be made available with respect to any sin-
gle such building up to an aggregate liabil-
ity of $1,000,000, and coverage shall be 
made available up to a total of $1,000,000 
aggregate liability for contents owned by 
the building owner and $1,000,000 aggre-
gate liability for each unit within the build-
ing for contents owned by the tenant. 
(4) EXPIRATION.—The prohibitions set forth 
under paragraphs (1), (2), and (3) shall expire 6 
months after the later of— 
(A) the date on which the Administrator 
proposes the draft affordability framework; 
(B) the date on which any regulations pro-
posed pursuant to the authority that the Ad-
ministrator is granted in the affordability au-
thority bill, if such bill is enacted, become final; 
or 
(C) the date on which the Administrator 
certifies in writing to Congress that the Federal 
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Emergency Management Agency has imple-
mented a flood mapping approach that utilizes 
sound scientific and engineering methodologies 
to determine varying levels of flood risk in all 
areas participating in the National Flood Insur-
ance Program. 
(b) PROPERTY SALE TRIGGER.—Section 1307(g)(2) 
of the National Flood Insurance Act of 1968 (42 U.S.C. 
4014(g)(2)) is amended to read as follows: 
‘‘(2) any property purchased after the expira-
tion of the 6-month period set forth under section 
3(a)(3) of the Keeping Flood Insurance Affordable 
Act of 2013;’’. 
(c) TREATMENT OF PRE-FIRM PROPERTIES.—Be-
ginning on the date of enactment of this Act and ending 
upon the expiration of the 6-month period set forth under 
subsection (a)(3), the Administrator shall restore the risk 
premium rate subsidies for flood insurance estimated 
under section 1307(a)(2) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4014(a)(2)) for any property de-
scribed in subparagraphs (A) and (B) of subsection (a)(2) 
of this Act and in section 1307(g)(2) of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4014(g)(2)). 
(d) DRAFT AFFORDABILITY FRAMEWORK.— 
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(1) IN GENERAL.—The Administrator shall pre-
pare a draft affordability framework that proposes 
to address, via programmatic and regulatory 
changes, the issues of affordability of flood insur-
ance sold under the National Flood Insurance Pro-
gram, including issues identified in the affordability 
study. 
(2) CRITERIA.—In carrying out the require-
ments under paragraph (1), the Administrator shall 
consider the following criteria: 
(A) Accurate communication to consumers 
of the flood risk associated with their property. 
(B) Targeted assistance to flood insurance 
policy holders based on their financial ability to 
continue to participate in the National Flood 
Insurance Program. 
(C) Individual or community actions to 
mitigate the risk of flood or lower the cost of 
flood insurance. 
(D) The impact of increases in risk pre-
mium rates on participation in the National 
Flood Insurance Program. 
(E) The impact flood insurance rate map 
updates have on the affordability of flood insur-
ance. 
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(3) DEADLINE
FOR
SUBMISSION.—Not later 
than 18 months after the date on which the Admin-
istrator submits the affordability study, the Admin-
istrator shall submit to the full Committee on Bank-
ing, Housing, and Urban Affairs and the full Com-
mittee on Appropriations of the Senate and the full 
Committee on Financial Services and the full Com-
mittee on Appropriations of the House of Represent-
atives the draft affordability framework. 
(e) CONGRESSIONAL CONSIDERATION OF FEMA AF-
FORDABILITY AUTHORITIES.— 
(1) NO REFERRAL.—Upon introduction in ei-
ther House of Congress, an affordability authority 
bill shall not be referred to a committee and shall 
immediately be placed on the calendar. 
(2) CONSIDERATION IN THE HOUSE OF REP-
RESENTATIVES.— 
(A) PROCEEDING TO CONSIDERATION.—It 
shall be in order to move to proceed to consider 
the affordability authority bill in the House. All 
points of order against the motion are waived. 
Such a motion shall not be in order after the 
House has disposed of a motion to proceed with 
respect to the affordability authority bill. The 
previous question shall be considered as ordered 
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on the motion to its adoption without inter-
vening motion. The motion shall not be debat-
able. A motion to reconsider the vote by which 
the motion is disposed of shall not be in order. 
(B) CONSIDERATION.—The affordability 
authority bill shall be considered as read. All 
points of order against the affordability author-
ity bill and against its consideration are waived. 
The previous question shall be considered as or-
dered on the affordability authority bill to its 
passage without intervening motion except 10 
hours of debate equally divided and controlled 
by the proponent and an opponent. A motion to 
reconsider the vote on passage of the afford-
ability authority bill shall not be in order. 
(3) CONSIDERATION IN THE SENATE.— 
(A) PLACEMENT
ON
THE
CALENDAR.— 
Upon introduction in the Senate, an afford-
ability authority bill shall be immediately placed 
on the calendar. 
(B) 
FLOOR
CONSIDERATION.—Notwith-
standing Rule XXII of the Standing Rules of 
the Senate, it is in order, at any time beginning 
on the day after the 6th day after the date of 
introduction of an affordability authority bill 
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(even if a previous motion to the same effect 
has been disagreed to) to move to proceed to 
the consideration of the affordability authority 
bill and all points of order against consideration 
of the affordability authority bill are waived. 
The motion to proceed is not debatable. The 
motion is not subject to a motion to postpone. 
A motion to reconsider the vote by which the 
motion is agreed to or disagreed to shall not be 
in order. If a motion to proceed to the consider-
ation of the affordability authority bill is agreed 
to, the affordability authority bill shall remain 
the unfinished business until disposed of. 
(C) CONSIDERATION.—All points of order 
against the affordability authority bill are 
waived. Consideration of the affordability au-
thority bill and of all debatable motions and ap-
peals in connection therewith shall be limited to 
not more than 10 hours which shall be divided 
equally between the majority and minority lead-
ers or their designees. A motion further to limit 
debate on the affordability authority bill is in 
order, and is not debatable. 
(D) NO AMENDMENTS.—An amendment to 
the affordability authority bill, or a motion to 
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postpone, or a motion to proceed to the consid-
eration of other business, or a motion to com-
mit or recommit the affordability authority bill, 
is not in order. 
(E) VOTE ON PASSAGE.—If the Senate has 
voted to proceed to the affordability authority 
bill, the vote on passage of the affordability au-
thority bill shall occur immediately following the 
conclusion of consideration of the affordability 
authority bill, and a single quorum call at the 
conclusion of the debate if requested in accord-
ance with the rules of the Senate. 
(4) AMENDMENT.—The affordability authority 
bill shall not be subject to amendment in either the 
House of Representatives or the Senate. 
(5) CONSIDERATION BY THE OTHER HOUSE.— 
(A) IN GENERAL.—If, before passing the 
affordability authority bill, one House receives 
from the other an affordability authority bill— 
(i) the affordability authority bill of 
the other House shall not be referred to a 
committee; and 
(ii) the procedure in the receiving 
House shall be the same as if no afford-
ability authority bill had been received 
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from the other House except that the vote 
on passage shall be on the affordability au-
thority bill of the other House. 
(B) REVENUE MEASURE.—This subsection 
shall not apply to the House of Representatives 
if the affordability authority bill received from 
the Senate is a revenue measure. 
(6) COORDINATION
WITH
ACTION
BY
OTHER 
HOUSE.— 
(A) TREATMENT OF AFFORDABILITY AU-
THORITY BILL OF OTHER HOUSE.—If the Sen-
ate fails to introduce or consider a affordability 
authority bill under this section, the afford-
ability authority bill of the House shall be enti-
tled to expedited floor procedures under this 
section. 
(B) TREATMENT
OF
COMPANION
MEAS-
URES IN THE SENATE.—If following passage of 
the affordability authority bill in the Senate, 
the Senate then receives the affordability au-
thority bill from the House of Representatives, 
the House-passed affordability authority bill 
shall not be debatable. 
(C) VETOES.—If the President vetoes the 
affordability authority bill, debate on a veto 
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message in the Senate under this section shall 
be 1 hour equally divided between the majority 
and minority leaders or their designees. 
(7) RULES OF THE HOUSE OF REPRESENTA-
TIVES AND SENATE.—This subsection is enacted by 
Congress— 
(A) as an exercise of the rulemaking power 
of the Senate and the House of Representa-
tives, respectively, and as such it is deemed a 
part of the rules of each House, respectively, 
but applicable only with respect to the proce-
dure to be followed in that House in the case 
of an affordability authority bill, and it super-
sedes other rules only to the extent that it is in-
consistent with such rules; and 
(B) with full recognition of the constitu-
tional right of either House to change its rules 
at any time, in the same manner, and to the 
same extent as in the case of any other rule of 
that House. 
(f) INTERAGENCY
AGREEMENTS.—The Adminis-
trator may enter into an agreement with another Federal 
agency to— 
(1) complete the affordability study; or 
(2) prepare the draft affordability framework. 
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(g) CLEAR COMMUNICATIONS.—The Administrator 
shall clearly communicate full flood risk determinations to 
individual property owners regardless of whether their pre-
mium rates are full actuarial rates. 
(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to provide the Administrator with 
the authority to provide assistance to homeowners based 
on affordability that was not available prior to the enact-
ment of the Biggert-Waters Flood Insurance Reform Act 
of 2012 (Public Law 112–141; 126 Stat. 916). 
SEC. 4. AFFORDABILITY STUDY AND REPORT. 
Notwithstanding 
the 
deadline 
under 
section 
100236(c) of the Biggert-Waters Flood Insurance Reform 
Act of 2012 (Public Law 112–141; 126 Stat. 957), not 
later than 2 years after the date of enactment of this Act, 
the Administrator shall submit to the full Committee on 
Banking, Housing, and Urban Affairs and the full Com-
mittee on Appropriations of the Senate and the full Com-
mittee on Financial Services and the full Committee on 
Appropriations of the House of Representatives the af-
fordability study and report required under such section. 
SEC. 5. AFFORDABILITY STUDY FUNDING. 
Section 100236(d) of the Biggert-Waters Flood In-
surance Reform Act of 2012 (Public Law 112–141; 126 
Stat. 957) is amended by striking ‘‘not more than 
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$750,000’’ and inserting ‘‘such amounts as may be nec-
essary’’. 
SEC. 6. FUNDS TO REIMBURSE HOMEOWNERS FOR SUC-
CESSFUL MAP APPEALS. 
(a) IN GENERAL.—Section 1363(f) of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4104(f)) is 
amended by striking the second sentence and inserting the 
following: ‘‘The Administrator may use such amounts 
from the National Flood Insurance Fund established 
under section 1310 as may be necessary to carry out this 
subsection.’’. 
(b) CONFORMING AMENDMENT.—Section 1310(a) of 
the National Flood Insurance Act of 1968 (42 U.S.C. 
4017(a)) is amended— 
(1) in paragraph (6), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (7), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(8) for carrying out section 1363(f).’’. 
SEC. 7. FLOOD PROTECTION SYSTEMS. 
(a) ADEQUATE PROGRESS
ON CONSTRUCTION
OF 
FLOOD PROTECTION SYSTEMS.—Section 1307(e) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 
4014(e)) is amended— 
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(1) in the first sentence, by inserting ‘‘or recon-
struction’’ after ‘‘construction’’; 
(2) by amending the second sentence to read as 
follows: ‘‘The Administrator shall find that adequate 
progress on the construction or reconstruction of a 
flood protection system, based on the present value 
of the completed flood protection system, has been 
made only if (1) 100 percent of the cost of the sys-
tem has been authorized, (2) at least 60 percent of 
the cost of the system has been appropriated, (3) at 
least 50 percent of the cost of the system has been 
expended, and (4) the system is at least 50 percent 
completed.’’; and 
(3) by adding at the end the following: ‘‘Not-
withstanding any other provision of law, in deter-
mining whether a community has made adequate 
progress on the construction, reconstruction, or im-
provement of a flood protection system, the Adminis-
trator shall consider all sources of funding, including 
Federal, State, and local funds.’’. 
(b) 
COMMUNITIES
RESTORING
DISACCREDITED 
FLOOD PROTECTION SYSTEMS.—Section 1307(f) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 
4014(f)) is amended by amending the first sentence to 
read as follows: ‘‘Notwithstanding any other provision of 
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law, this subsection shall apply to riverine and coastal lev-
ees that are located in a community which has been deter-
mined by the Administrator of the Federal Emergency 
Management Agency to be in the process of restoring flood 
protection afforded by a flood protection system that had 
been previously accredited on a Flood Insurance Rate Map 
as providing 100-year frequency flood protection but no 
longer does so, and shall apply without regard to the level 
of Federal funding of or participation in the construction, 
reconstruction, or improvement of the flood protection sys-
tem.’’. 
SEC. 8. TREATMENT OF FLOODPROOFED RESIDENTIAL 
BASEMENTS. 
Notwithstanding the Biggert-Waters Flood Insurance 
Reform Act of 2012 (Public Law 112–141; 126 Stat. 
916), the amendments made by that Act, or any other pro-
vision of law, the Administrator shall rate a covered struc-
ture 
using 
the 
elevation 
difference 
between 
the 
floodproofed elevation of the covered structure and the ad-
justed base flood elevation of the covered structure. 
SEC. 9. DESIGNATION OF FLOOD INSURANCE ADVOCATE. 
(a) IN GENERAL.—The Administrator shall designate 
a Flood Insurance Advocate to advocate for the fair treat-
ment of policy holders under the National Flood Insurance 
Program and property owners in the mapping of flood 
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hazards, the identification of risks from flood, and the im-
plementation of measures to minimize the risk of flood. 
(b) DUTIES
AND RESPONSIBILITIES.—The duties 
and responsibilities of the Flood Insurance Advocate des-
ignated under subsection (a) shall be to— 
(1) educate property owners and policyholders 
under the National Flood Insurance Program on— 
(A) individual flood risks; 
(B) flood mitigation; 
(C) measures to reduce flood insurance 
rates through effective mitigation; and 
(D) the flood insurance rate map review 
and amendment process; 
(2) assist policy holders under the National 
Flood Insurance Program and property owners to 
understand the procedural requirements related to 
appealing preliminary flood insurance rate maps and 
implementing measures to mitigate evolving flood 
risks; 
(3) assist in the development of regional capac-
ity to respond to individual constituent concerns 
about flood insurance rate map amendments and re-
visions; 
(4) coordinate outreach and education with 
local officials and community leaders in areas im-
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pacted by proposed flood insurance rate map amend-
ments and revisions; and 
(5) aid potential policy holders under the Na-
tional Flood Insurance Program in obtaining and 
verifying accurate and reliable flood insurance rate 
information when purchasing or renewing a flood in-
surance policy. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for each fiscal year such 
sums as may be necessary to carry out the duties and re-
sponsibilities of the Flood Insurance Advocate. 
Æ 
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