I 
109TH CONGRESS 
1ST SESSION H. R. 3922 
To strengthen the national flood insurance program, encourage participation 
in the program, and provide owners of properties not located in flood 
hazard zones that, therefore, were not subject to the mandatory purchase 
requirements of the national flood insurance program, but which suffered 
flood damage resulting from Hurricane Katrina or Hurricane Rita and 
were covered by windstorm insurance, a one-time opportunity to purchase 
flood insurance coverage for a period covering such hurricane. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 27, 2005 
Mr. TAYLOR of Mississippi (for himself, Mr. MELANCON, Mr. FRANK of Mas-
sachusetts, Mr. BLUMENAUER, Mr. BOYD, Mr. BUTTERFIELD, Mr. 
CARDOZA, Mr. CASE, Mr. FORD, Ms. KAPTUR, Mr. PETERSON of Min-
nesota, Mr. ROSS, Mr. SCOTT of Georgia, Mr. ACKERMAN, Mr. COSTA, 
Mr. THOMPSON of Mississippi, Mr. JEFFERSON, Mr. BARROW, Mr. 
BERRY, Mr. MOORE of Kansas, Mr. MICHAUD, Mr. CRAMER, Mr. 
HOLDEN, Mr. ISRAEL, Mr. MATHESON, Mr. DAVIS of Tennessee, Mr. 
MCINTYRE, Mr. SCHIFF, Mr. BOREN, and Mr. POMEROY) introduced the 
following bill; which was referred to the Committee on Financial Services 
A BILL 
To strengthen the national flood insurance program, encour-
age participation in the program, and provide owners 
of properties not located in flood hazard zones that, 
therefore, were not subject to the mandatory purchase 
requirements of the national flood insurance program, 
but which suffered flood damage resulting from Hurri-
cane Katrina or Hurricane Rita and were covered by 
windstorm insurance, a one-time opportunity to purchase
flood insurance coverage for a period covering such hurri-
cane. 
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 ‘‘Hurricanes Katrina 
and Rita Flood Insurance Buy-In Act of 2005’’. 
SEC. 2. TEMPORARY FLOOD INSURANCE BUY-IN PROGRAM. 
(a) IN GENERAL.—The Director of the Federal 
Emergency Management Agency shall make available 
flood insurance coverage under the national flood insur-
ance program available for eligible structures, in accord-
ance with this section. 
(b) SCOPE OF COVERAGE.— 
(1) ELIGIBLE LOSSES.—Coverage may be made 
available under this section only for a damage or 
loss to an eligible structure, but not including any 
contents thereof, from flooding resulting from Hurri-
cane Katrina or Hurricane Rita. 
(2) AMOUNT.—The amount of such coverage 
made available under this section for an eligible 
structure may not exceed the lesser of— 
(A) the maximum amount of coverage that 
may be made available for such structure under 
the national flood insurance program; and
(B) the amount of coverage provided for 
the structure, as of August 29, 2005, under the 
policy for losses caused by wind or windstorm 
(as referred to in subsection (c)(3)). 
(c) ELIGIBLE STRUCTURES.—For purposes of this 
section, an eligible structure is a structure that— 
(1) sustained damage from flooding resulting 
from Hurricane Katrina or Hurricane Rita of 2005; 
(2) is of a type (including residential properties, 
business properties, and others) for which coverage 
was generally made available under the national 
flood insurance program as of August 29, 2005; 
(3) is located in a covered disaster area (as 
such term is defined in subsection (h)); 
(4) was covered— 
(A) in the case of a structure damaged by 
flooding resulting from Hurricane Katrina, as 
of August 29, 2005, by an insurance policy for 
losses caused by wind or windstorm; and 
(B) in the case of a structure damaged by 
flooding resulting from Hurricane Rita, as of 
September 23, 2005, by such a policy; 
(5) is not located in an area that has been iden-
tified by the Director as an area having special flood 
hazards (as such term is used for purposes of sec-
tion 102 of the Flood Disaster Protection Act of 
1973 (42 U.S.C. 4012a)); and 
(6) was not covered by flood insurance made 
available under the national flood insurance program 
at the time of such damage. 
(d) PREMIUMS.— 
(1) AMOUNT.—The Director shall charge, for 
coverage made available under this section for an eli-
gible structure, premiums in the amount equal to 
105 percent of the aggregate amount of premiums 
that would have been charged, at the time, for cov-
erage for the structure under the national flood in-
surance program (for the type and amount of cov-
erage provided) for the 10-year period that ends 
upon the date of purchase of such coverage. 
(2) DEDUCTION FROM CLAIMS.—The Director 
shall provide that a purchaser of coverage made 
available under this section may pay premiums 
charged for such coverage pursuant to paragraph 
(1) by deducting such amounts from the amount of 
any claims payable under such coverage. 
(3) CREDITS TO NFIF.—There shall be credited 
to the National Flood Insurance Fund established 
under section 1310 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4017) the following 
amounts. 
(A) Any premiums collected pursuant to 
this section. 
(B) From amounts appropriated pursuant 
to subsection (i)(1), an amount equal to the 
amount of any premiums charged for coverage 
made available under this subsection that are 
not collected by the Director as a result of the 
operation of paragraph (2) of this subsection. 
(e) CLAIMS.—Claims for damage or loss pursuant to 
coverage made available under this section may be paid 
only from amounts made available in appropriation Acts 
pursuant to subsection (i). Amounts in the National Flood 
Insurance Fund established under section 1310 of the Na-
tional Flood Insurance Act of 1968, including any amount 
credited to such Fund pursuant to subsection (d)(3), shall 
not be available for paying claims under coverage made 
available under this section. 
(f) REQUIREMENTS TO OBTAIN FUTURE COVERAGE 
AND TAKE MITIGATION ACTIONS.—The Director may not 
make coverage available under this section for an eligible 
structure unless the owner of the structure enters into 
binding agreements, contained in such deed restrictions as
the Director considers appropriate, to ensure that such 
owner, and any future owners, will— 
(1) at all times after purchasing coverage under 
this section for the structure, in perpetuity, maintain 
coverage under the national flood insurance pro-
gram, for any structures located at any time on the 
same property on which, at the time of purchase, 
such eligible structure is located, in an amount at 
least equal to the lesser of— 
(A) the value of the structure, as deter-
mined by the Director; or 
(B) the maximum limit of coverage made 
available with respect to the particular type of 
property under the national flood insurance 
program; and 
(2) accept any offer to take mitigation actions 
or activities made, with respect to the structure, 
under a mitigation program under section 1323, 
1361A, or 1366 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4030, 4102a, 4104c). 
(g) PREMIUM RATES FOR FUTURE COVERAGE.—In 
establishing rates for flood insurance coverage, other than 
coverage under this section, made available under the na-
tional flood insurance program, the Director shall not con-
sider, in any manner—
(1) any premiums charged or collected pursuant 
to subsection (d); 
(2) any claims paid pursuant to coverage made 
available under this section; or 
(3) any amounts appropriated pursuant to sub-
section (i). 
(h) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
(1) COVERED DISASTER AREA.—The term ‘‘cov-
ered disaster area’’ means an area— 
(A) for which a major disaster was de-
clared by the President pursuant to title IV of 
the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act as a result of Hurri-
cane Katrina or Hurricane Rita of 2005; and 
(B) in which the sale of flood insurance 
coverage was available under the National 
Flood Insurance Act of 1968 as of August 29, 
2004. 
(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Federal Emergency Management 
Agency. 
(i) AUTHORIZATION OF APPROPRIATIONS.— 
(1) FOR
CLAIMS
PAYMENTS.—There are au-
thorized to be appropriated to the Director such
sums as may be necessary to cover all costs of flood 
insurance coverage made available under this sec-
tion, including administrative expenses and claims 
under such coverage. 
(2) FOR MITIGATION ASSISTANCE.—There are 
authorized to be appropriated such sums as may be 
necessary, for the national flood insurance fund es-
tablished under section 1310 of the National Flood 
Insurance Act of 1968 and for the national flood 
mitigation fund established under section 1367 of 
such Act (42 U.S.C. 4104d), for use only for mitiga-
tion activities under the programs under sections 
1323, 1361A, and 1366 of the National Flood In-
surance Act of 1968 (42 U.S.C. 4030, 4102a, 
4104c), as appropriate, for eligible structures. 
(j) TERMINATION.—The Director may not enter into 
any contract or policy for coverage under this section ex-
cept pursuant to an application for such coverage sub-
mitted to the Director before the expiration of the 90-day 
period beginning on the date of the enactment of this Act. 
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