I 
112TH CONGRESS 
1ST SESSION 
H. R. 435 
To terminate the National Flood Insurance Program and related mandatory 
purchase and compliance requirements, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 25, 2011 
Mrs. MILLER of Michigan introduced the following bill; which was referred to 
the Committee on Financial Services, and in addition to the Committee 
on the Judiciary, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To terminate the National Flood Insurance Program and 
related mandatory purchase and compliance require-
ments, 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 ‘‘National Flood Insur-
ance Program Termination Act of 2010’’. 
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SEC. 2. TERMINATION OF NATIONAL FLOOD INSURANCE 
PROGRAM. 
(a) TERMINATION OF AUTHORITY TO PROVIDE COV-
ERAGE.—Effective at the end of December 31, 2013, the 
Administrator of the Federal Emergency Management 
Agency (in this section referred to as the ‘‘Adminis-
trator’’) shall not provide any new flood insurance cov-
erage, or renew any coverage provided before such date, 
under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.). 
(b) TREATMENT
OF EXISTING COVERAGE.—Sub-
section (a) shall not— 
(1) affect any flood insurance coverage provided 
under such Act under a contract or agreement en-
tered into before the date specified in such sub-
section and, notwithstanding the repeals under sec-
tion 3, such provisions as in effect immediately be-
fore such repeal shall continue to apply with respect 
to flood insurance coverage in force after such re-
peal; or 
(2) require the termination of any contract or 
other agreement for flood insurance coverage entered 
into before such date. 
(c) WIND-UP.—After the date specified in subsection 
(a), the Administrator shall take such actions as may be 
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necessary steps to wind up the affairs of the National 
Flood Insurance Program. 
(d) TREATMENT OF FUNDS.—Amounts in the Na-
tional Flood Insurance Fund established under section 
1310 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4017) shall be available to the Administrator for 
performing the functions of the Administrator with re-
spect to flood insurance coverage remaining in force after 
the date specified in subsection (a). Upon the expiration 
of the contracts and agreements for such coverage, any 
unexpended balances in such Fund shall be deposited in 
the Treasury as miscellaneous receipts. 
(e) SAVINGS PROVISIONS.— 
(1) TREATMENT OF PRIOR DETERMINATIONS.— 
The repeals made by section 3 of the provisions of 
law specified in such section shall not affect any 
order, determination, regulation, or contract that 
has been issued, made, or allowed to become effec-
tive under such provisions before the effective date 
of the repeal. All such orders, determinations, regu-
lations, and contracts shall continue in effect until 
modified, superseded, terminated, set aside, or re-
voked in accordance with law by the President, the 
Administrator, or other authorized official, a court 
of competent jurisdiction, or by operation of law. 
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(2) PENDING PROCEEDINGS.— 
(A) EFFECT ON PENDING PROCEEDINGS.— 
The repeals made by section 3 shall not affect 
any proceedings relating to the National Flood 
Insurance Program, including notices of pro-
posed rulemaking, pending on the effective date 
of the repeals, before the Federal Emergency 
Management Agency, except that no assistance 
or flood insurance coverage may be provided 
pursuant to any application pending on such ef-
fective date. Such proceedings, to the extent 
that they relate to functions performed by the 
Administrator after such repeal, shall be contin-
ued. Orders shall be issued in such proceedings, 
appeals shall be taken therefrom, and payments 
shall be made pursuant to such orders, as if 
this Act had not been enacted; and orders 
issued in any such proceedings shall continue in 
effect until modified, terminated, superseded, or 
revoked by the Administrator, by a court of 
competent jurisdiction, or by operation of law. 
(B) CONSTRUCTION.—Nothing in this sub-
section may be construed to prohibit the dis-
continuance or modification of any proceeding 
described in subparagraph (A) under the same 
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terms and conditions and to the same extent 
that such proceeding could have been discon-
tinued or modified if this section had not been 
enacted. 
(3) ACTIONS.—This section shall not affect 
suits commenced before the effective date of the re-
peals made by section 3, and in all such suits, pro-
ceedings shall be had, appeals taken, and judgments 
rendered in the same manner and effect as if this 
section had not been enacted. 
(4) LIABILITIES INCURRED.—No suit, action, 
or other proceeding commenced by or against an in-
dividual in the official capacity of such individual as 
an officer of the Federal Emergency Management 
Agency having any responsibility for the National 
Flood Insurance Program shall abate by reason of 
the enactment of this section. No cause of action re-
lating to such Program, by or against the Federal 
Emergency Management Agency, or by or against 
any officer thereof in the official capacity of such of-
ficer having any responsibility for such program, 
shall abate by reason of the enactment of this sec-
tion. 
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SEC. 3. REPEALS AND CONTINUATION OF FEMA MAPPING 
RESPONSIBILITIES. 
(a) NATIONAL FLOOD INSURANCE ACT OF 1968.— 
The National Flood Insurance Act of 1968 is amended— 
(1) by striking section 1302 (42 U.S.C. 4001); 
(2) by striking chapters I and II (42 U.S.C. 
4011 et seq.); 
(3) in section 1360 (42 U.S.C. 4101)— 
(A) in subsection (a)(2), by striking ‘‘until 
the date specified in section 1319’’; 
(B) by striking subsection (d); 
(C) in subsection (g)— 
(i) by striking ‘‘To promote compli-
ance with the requirements of this title, 
the’’ and inserting ‘‘The’’; 
(ii) by striking ‘‘directly responsible 
for coordinating the national flood insur-
ance program’’; 
(iii) in the last sentence, by striking 
‘‘National Flood Insurance Fund, pursuant 
to section 1310(b)(6)’’ and inserting the 
following: ‘‘General Fund of the Treasury 
and shall be used only for reducing the 
debt of the Federal Government’’; and 
(D) in subsection (i)— 
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(i) by striking ‘‘free of charge’’ and 
inserting ‘‘at cost’’; 
(ii) by striking ‘‘and States and com-
munities participating in the national flood 
insurance program pursuant to section 
1310 and at cost to all other’’ and insert-
ing ‘‘, States and communities, and other 
interested’’; and 
(iii) in the he last sentence, by strik-
ing ‘‘National Flood Insurance Fund, pur-
suant to section 1310(b)(6)’’ and inserting 
the following: ‘‘General Fund of the Treas-
ury and shall be used only for reducing the 
debt of the Federal Government’’; 
(4) by striking sections 1361A (42 U.S.C. 
4102a); 
(5) in section 1363(e) (42 U.S.C. 4104(e)), by 
striking the third and fifth sentences; and 
(6) in section 1364 (42 U.S.C. 4104a)— 
(A) in subsection (a)— 
(i) in paragraphs (1) and (2), by 
striking ‘‘or the Flood Disaster Protection 
Act of 1973’’ each place such term ap-
pears; and 
(ii) in paragraph (3)— 
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(I) by striking subparagraphs 
(B) and (C) and inserting the fol-
lowing: 
‘‘(B) a statement that flood insurance cov-
erage may be available in the private market or 
through a State-sponsored program; and’’; and 
(II) by redesignating subpara-
graph (D) as subparagraph (C); 
(B) by striking subsections (b) and (c); 
(7) in section 1365 (42 U.S.C. 4104b)— 
(A) in subsection (a), by striking ‘‘and in 
which flood insurance under this title is avail-
able’’; and 
(B) in subsection (b)— 
(i) by striking paragraph (1); and 
(ii) in paragraph (2)— 
(I) in the first sentence, by strik-
ing ‘‘the community identification 
number and community participation 
status (for purposes of the national 
flood insurance program) of the com-
munity in which the improved real es-
tate or such property is located,’’; and 
(II) in the third sentence, by 
striking ‘‘because the building or mo-
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other responsibilities of the Director under this 
title’’; and 
(B) by striking subsection (c); and 
(12) by striking section 1377 (42 U.S.C. 4001 
note). 
(b) FLOOD DISASTER PROTECTION ACT OF 1973.— 
The Flood Disaster Protection Act of 1973 is amended— 
(1) by striking section 2 (42 U.S.C. 4002); 
(2) by striking section 102 (42 U.S.C. 4012a); 
(3) in section 201 (42 U.S.C. 4105)— 
(A) by striking subsection (a) and insert-
ing the following new subsection: 
‘‘(a) As information becomes available to the Director 
concerning the existence of flood hazards, the Director 
shall publish information in accordance with section 
1360(a)(1) of the National Flood Insurance Act of 1968 
and shall notify the chief executive officer of each known 
flood-prone community of its tentative identification as a 
community containing one or more areas having special 
flood hazards.’’; 
(B) in subsection (b), by striking ‘‘shall ei-
ther (1) promptly make proper application to 
participate in the national flood insurance pro-
gram or (2)’’ and inserting ‘‘may’’; 
(C) by striking subsections (c) and (d); 
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(D) by redesignating subsection (e) as sub-
section (c); and 
(4) by striking section 202 (42 U.S.C. 4106). 
(c) BUNNING-BEREUTER-BLUMENAUER FLOOD IN-
SURANCE
REFORM
ACT
OF
2004.—Title II of the 
Bunning-Bereuter-Blumenauer Flood Insurance Reform 
Act of 2004 (42 U.S.C. 4011 note). 
(d) NATIONAL FLOOD INSURANCE REFORM ACT OF 
1994.—The National Flood Insurance Reform Act of 
1994 is amended by striking sections 561 (42 U.S.C. 4011 
note), 562 (42 U.S.C. 4102 note), 578 (42 U.S.C. 4014 
note), 579(b), and 582 (42 U.S.C. 5154a). 
(e) FEDERAL FLOOD INSURANCE ACT OF 1956.— 
Section 15 of the Federal Flood Insurance Act of 1956 
(42 U.S.C. 2414) is amended by striking subsection (e). 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall take effect at the end of December 31, 
2013. 
SEC. 4. INTERSTATE COMPACTS FOR FLOOD INSURANCE 
COVERAGE. 
(a) CONGRESSIONAL CONSENT.—The consent of the 
Congress is hereby given to any two or more States to 
enter into agreement or compacts, not in conflict with any 
law of the United States, for making available to inter-
ested persons insurance coverage against loss resulting 
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from physical damage to or loss of real property or per-
sonal property related thereto arising from any flood oc-
curring in the United States. 
(b) RIGHTS RESERVED.—The right to alter, amend, 
or repeal this section, or consent granted by this section, 
is expressly reserved to the Congress. 
Æ 
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