I 
110TH CONGRESS 
1ST SESSION H. R. 1682 
To restore the financial solvency of the national flood insurance program, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 26, 2007 
Mr. FRANK of Massachusetts (for himself, Mrs. BIGGERT, Mr. BLUMENAUER, 
Ms. WATERS, Mr. TAYLOR, Ms. MATSUI, Mr. MAHONEY of Florida, Ms. 
WASSERMAN SCHULTZ, Mr. BAKER, Mr. GARY G. MILLER of California, 
Mrs. JO ANN DAVIS of Virginia, and Ms. GINNY BROWN-WAITE of Flor-
ida) introduced the following bill; which was referred to the Committee 
on Financial Services 
A BILL 
To restore the financial solvency of the national flood 
insurance program, 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 AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Flood Insurance Reform and Modernization Act of 
2007’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title and table of contents. 
Sec. 2. Findings and purposes. 
Sec. 3. Study regarding status of pre-firm properties and mandatory purchase 
requirement for natural 100-year floodplain and non-federally 
related loans. 
Sec. 4. Phase-in of actuarial rates for nonresidential properties and non-pri-
mary residences. 
Sec. 5. Exception to waiting period for effective date of policies. 
Sec. 6. Enforcement. 
Sec. 7. Maximum coverage limits. 
Sec. 8. Coverage for additional living expenses, basement improvements, busi-
ness interruption, and replacement cost of contents. 
Sec. 9. Notification to tenants of availability of contents insurance. 
Sec. 10. Increase in annual limitation on premium increases. 
Sec. 11. Increase in borrowing authority. 
Sec. 12. FEMA participation in State disaster claims mediation programs. 
Sec. 13. FEMA annual report on insurance program. 
Sec. 14. Flood insurance outreach grants. 
Sec. 15. Grants for direct funding of mitigation activities for individual repet-
itive claims properties. 
Sec. 16. Extension of pilot program for mitigation of severe repetitive loss prop-
erties. 
Sec. 17. Flood mitigation assistance program. 
Sec. 18. GAO study of methods to increase flood insurance program participa-
tion by low-income families. 
Sec. 19. Notice of availability of flood insurance and escrow in RESPA good 
faith estimate. 
Sec. 20. Reiteration of FEMA responsibilities under 2004 Reform Act. 
Sec. 21. Ongoing modernization of flood maps and elevation standards. 
Sec. 22. Notification and appeal of map changes; notification of establishment 
of flood elevations. 
Sec. 23. Clarification of replacement cost provisions, forms, and policy lan-
guage. 
Sec. 24. Authorization of additional FEMA staff. 
Sec. 25. Extension of deadline for filing proof of loss. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds that— 
(1) flooding has been shown to occur in all 50 
States, the District of Columbia, and in all terri-
tories and possessions of the United States; 
(2) the national flood insurance program 
(NFIP) is the only affordable and reliable source of 
insurance to protect against flood losses; 
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(3) the aggregate amount of the flood insurance 
claims resulting from Hurricane Katrina, Hurricane 
Rita, and other events has exceeded the aggregate 
amount of all claims previously paid in the history 
of the national flood insurance program, requiring a 
significant increase in the program’s borrowing au-
thority; 
(4) flood insurance policyholders have a legiti-
mate expectation that they will receive fair and time-
ly compensation for losses covered under their poli-
cies; 
(5) substantial flooding has occurred, and will 
likely occur again, outside the areas designated by 
the 
Federal 
Emergency 
Management 
Agency 
(FEMA) as high-risk flood hazard areas; 
(6) properties located in low- to moderate-risk 
areas are eligible to purchase flood insurance policies 
with premiums as low as $112 a year; 
(7) about 450,000 vacation homes, second 
homes, and commercial properties are subsidized 
and are not paying actuarially sound rates for flood 
insurance; 
(8) phasing out subsidies currently extended to 
vacation homes, second homes, and commercial 
properties would result in estimated average annual 
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savings to the taxpayers of the United States and 
the 
national 
flood 
insurance 
program 
of 
$335,000,000; 
(9) the maximum coverage limits for flood in-
surance policies should be increased to reflect infla-
tion and the increased cost of housing; 
(10) significant reforms to the national flood in-
surance program required in the Bunning-Bereuter- 
Blumenauer Flood Insurance Reform Act of 2004 
have yet to be implemented; and 
(11) in addition to reforms required in the 
Bunning-Bereuter-Blumenauer Flood Insurance Re-
form Act of 2004, the national flood insurance pro-
gram requires a modernized and updated adminis-
trative model to ensure that the program is solvent 
and the people of the United States have continued 
access to flood insurance. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to protect the integrity of the national flood 
insurance program by fully funding existing legal ob-
ligations expected by existing policyholders who have 
paid policy premiums in return for flood insurance 
coverage and to pay debt service on funds borrowed 
by the NFIP; 
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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 NFIP and FEMA; and 
(3) to increase awareness of homeowners of 
flood risks and improve the quality of information 
regarding such risks provided to homeowners. 
SEC. 3. STUDY REGARDING STATUS OF PRE-FIRM PROP-
ERTIES AND MANDATORY PURCHASE RE-
QUIREMENT FOR NATURAL 100-YEAR FLOOD-
PLAIN 
AND 
NON-FEDERALLY 
RELATED 
LOANS. 
(a) IN GENERAL.—The Comptroller General shall 
conduct a study as follows: 
(1) PRE-FIRM
PROPERTIES.—The study shall 
determine the status of the national flood insurance 
program, as of the date of the enactment of this Act, 
with respect to the provision of flood insurance cov-
erage for pre-FIRM properties (as such term is de-
fined in section 578(b) of the National Flood Insur-
ance Reform Act of 1994 (42 U.S.C. 4014 note)), 
which shall include determinations of— 
(A) the number of pre-FIRM properties 
for which coverage is provided and the extent of 
such coverage; 
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(B) the cost of providing coverage for such 
pre-FIRM properties to the national flood in-
surance program; 
(C) the anticipated rate at which such pre- 
FIRM properties will cease to be covered under 
the program; and 
(D) the effects that implementation of the 
Bunning-Bereuter-Blumenauer Flood Insurance 
Reform Act of 2004 will have on the national 
flood insurance program generally and on cov-
erage of pre-FIRM properties under the pro-
gram. 
(2) MANDATORY PURCHASE REQUIREMENT FOR 
NATURAL 100-YEAR FLOODPLAIN.—The study shall 
assess the impact, effectiveness, and feasibility of 
amending the provisions of the Flood Disaster Pro-
tection Act of 1973 regarding the properties that are 
subject to the mandatory flood insurance coverage 
purchase requirements under such Act to extend 
such requirements to properties located in any area 
that would be designated as an area having special 
flood hazards but for the existence of a structural 
flood protection system, and shall determine— 
(A) the regulatory, financial and economic 
impacts of extending such mandatory purchase 
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requirements on the costs of homeownership, 
the actuarial soundness of the national flood in-
surance program, the Federal Emergency Man-
agement Agency, local communities, insurance 
companies, and local land use; 
(B) the effectiveness of extending such 
mandatory purchase requirements in protecting 
homeowners from financial loss and in pro-
tecting the financial soundness of the national 
flood insurance program; and 
(C) any impact on lenders of complying 
with or enforcing such extended mandatory re-
quirements. 
(3) MANDATORY PURCHASE REQUIREMENT FOR 
NON-FEDERALLY RELATED LOANS.—The study shall 
assess the impact, effectiveness, and feasibility of, 
and basis under the Constitution of the United 
States for, amending the provisions of the Flood 
Disaster Protection Act of 1973 regarding the prop-
erties that are subject to the mandatory flood insur-
ance coverage purchase requirements under such Act 
to extend such requirements to any property that is 
located in any area having special flood hazards and 
which secures the repayment of a loan that is not 
described in paragraph (1), (2), or (3) of section 
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102(b) of such Act, and shall determine how best to 
administer and enforce such a requirement, taking 
into consideration other insurance purchase require-
ments under Federal and State law. 
(b) REPORT.—The Comptroller General shall submit 
a report to the Congress regarding the results and conclu-
sions of the study under this subsection not later than the 
expiration of the 6-month period beginning on the date 
of the enactment of this Act. 
SEC. 4. PHASE-IN OF ACTUARIAL RATES FOR NONRESIDEN-
TIAL PROPERTIES AND NON-PRIMARY RESI-
DENCES. 
(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 (4); and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) NONRESIDENTIAL PROPERTIES.—Any non-
residential property. 
‘‘(3) NON-PRIMARY RESIDENCES.—Any residen-
tial property that is not the primary residence of an 
individual.’’. 
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(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 
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 (4)’’. 
(c) EFFECTIVE DATE AND TRANSITION.— 
(1) EFFECTIVE DATE.—The amendments made 
by subsections (a) and (b) shall apply beginning on 
January 1, 2011, 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) or (3) of section 1308(c) of the National 
Flood Insurance Act of 1968, as amended by 
subsection (a) of this section, that, as of the ef-
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fective date under paragraph (1) of this sub-
section, is covered under a policy for flood in-
surance made available under the national flood 
insurance program for which the chargeable 
premium rates are less than the applicable esti-
mated 
risk 
premium 
rate 
under 
section 
1307(a)(1) for the area in which the property 
is located, the Director of the Federal Emer-
gency 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 the following amount 
(or such lesser amount as may be necessary so 
that the chargeable rate does not exceed such 
applicable estimated risk premium rate): 
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(i) NONRESIDENTIAL PROPERTIES.— 
In the case of any property described in 
such section 1308(c)(2), 20 percent. 
(ii) NON-PRIMARY
RESIDENCES.—In 
the case of any property described in such 
section 1308(c)(3), 25 percent. 
(C) FULL ACTUARIAL RATES.— The provi-
sions of paragraphs (2) and (3) of such section 
1308(c) shall apply to such a property upon the 
accomplishment of the increase under this para-
graph and thereafter. 
SEC. 5. 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 
than 30 days after such purchase or other transfer of the 
property, as applicable’’. 
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SEC. 6. ENFORCEMENT. 
Section 102(f) of the Flood Disaster Protection Act 
of 1973 (42 U.S.C. 4012a(f)) is amended— 
(1) 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 
(2) 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.’’. 
SEC. 7. MAXIMUM COVERAGE LIMITS. 
Subsection (b) of section 1306 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4013(b)) is amended— 
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(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), by striking ‘‘$500,000’’ 
each place such term appears and inserting 
‘‘$670,000’’. 
SEC. 8. COVERAGE FOR ADDITIONAL LIVING EXPENSES, 
BASEMENT 
IMPROVEMENTS, 
BUSINESS 
INTERRUPTION, AND REPLACEMENT COST 
OF CONTENTS. 
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: 
‘‘(6) in the case of any residential property, 
each renewal or new contract for flood insurance 
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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); 
‘‘(8) in the case of any residential property, op-
tional coverage for losses, resulting from floods, to 
improvements and personal property located in base-
ments, crawl spaces, and other enclosed areas under 
buildings that are not covered by primary flood in-
surance coverage under this title, shall be made 
available to every insured upon renewal and every 
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applicant, except that 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); 
‘‘(9) in the case of any commercial property, 
optional coverage for losses resulting from any par-
tial or total interruption of the insured’s business 
caused by damage to, or loss of, such property from 
a flood shall be made available to every insured upon 
renewal and every applicant, except that— 
‘‘(A) for purposes of such coverage, losses 
shall be determined based on the profits the 
covered business would have earned, based on 
previous financial records, had the flood not oc-
curred; and 
‘‘(B) 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); and 
‘‘(10) in the case of any residential property 
and any commercial property, optional coverage for 
the full replacement costs of any contents related to 
the structure that exceed the limits of coverage oth-
erwise provided in this subsection shall be made 
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available to every insured upon renewal and every 
applicant, except that 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. 9. 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 located in an area having special 
flood hazards— 
‘‘(1) provide to the insured sufficient copies of 
the notice developed pursuant to subsection (b) to 
provide for distribution of a copy of such notice to 
each tenant of the property; and 
‘‘(2) strongly encourage the insured to provide 
a copy to each such tenant and to each new tenant 
upon commencement of such a tenancy. 
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‘‘(b) NOTICE.—Notice to a tenant of a property in 
accordance with this subsection is written notice that 
clearly informs a tenant— 
‘‘(1) that the property is located in an area hav-
ing special flood hazards; 
‘‘(2) that flood insurance coverage is available 
under the national flood insurance program under 
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 location on the World 
Wide Web of the Director where such information is 
available.’’. 
SEC. 10. INCREASE IN ANNUAL LIMITATION ON PREMIUM 
INCREASES. 
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 ‘‘15 percent’’. 
SEC. 11. INCREASE IN BORROWING AUTHORITY. 
(a) BORROWING AUTHORITY.—The first sentence of 
subsection (a) of section 1309 of the National Flood In-
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surance Act of 1968 (42 U.S.C. 4016(a)), as amended by 
the National Flood Insurance Program Further Enhanced 
Borrowing Authority Act of 2005 (Public Law 109–106; 
119 
Stat. 
2288), 
is 
amended 
by 
striking 
‘‘$20,775,000,000’’ and inserting ‘‘$21,500,000,000’’. 
(b) FEMA REPORT.—Not later than the expiration 
of the 6-month period beginning on the date of the enact-
ment of this Act, the Director of the Federal Emergency 
Management Agency shall submit a report to the Congress 
setting forth a plan for repaying any amounts borrowed 
pursuant to increase in borrowing authority authorized 
under the amendments made by subsection (a). 
SEC. 12. FEMA PARTICIPATION IN STATE DISASTER CLAIMS 
MEDIATION PROGRAMS. 
The National Flood Insurance Act of 1968 is amend-
ed by inserting after section 1313 (42 U.S.C. 4020) the 
following new section: 
‘‘SEC. 1314. FEMA PARTICIPATION IN STATE DISASTER 
CLAIMS MEDIATION PROGRAMS. 
‘‘(a) REQUIREMENT TO PARTICIPATE.—In the case 
of the occurrence of a natural catastrophe that may have 
resulted in flood damage covered by insurance made avail-
able under the national flood insurance program and a loss 
covered by personal lines residential property insurance 
policy, upon request made by the insurance commissioner 
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of a State (or such other official responsible for regulating 
the business of insurance in the State) for the participa-
tion of representatives of the Director in a program spon-
sored by such State for nonbinding mediation of insurance 
claims resulting from a natural catastrophe, the Director 
shall cause such representatives to participate in such 
State program, when claims under the national flood in-
surance program are involved, to expedite settlement of 
flood damage claims resulting from such catastrophe. 
‘‘(b) EXTENT OF PARTICIPATION.—Participation by 
representatives of the Director required under subsection 
(a) with respect to flood damage claims resulting from a 
natural catastrophe shall include— 
‘‘(1) providing adjusters certified for purposes 
of the national flood insurance program who are au-
thorized to settle claims against such program re-
sulting from such catastrophe in amounts up to the 
limits of policies under such program; 
‘‘(2) requiring such adjusters to attend State- 
sponsored mediation meetings regarding flood insur-
ance claims resulting from such catastrophe at times 
and places as may be arranged by the State; 
‘‘(3) participating in good-faith negotiations to-
ward the settlement of such claims with policy-
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holders of coverage made available under the na-
tional flood insurance program; and 
‘‘(4) finalizing the settlement of such claims on 
behalf of the national flood insurance program with 
such policyholders. 
‘‘(c) COORDINATION.—Representatives of the Direc-
tor who participate pursuant to this section in a State- 
sponsored mediation program with respect to a natural ca-
tastrophe shall at all times coordinate their activities with 
insurance officials of the State and representatives of in-
surers for the purpose of consolidating and expediting the 
settlement of claims under the national flood insurance 
program resulting from such catastrophe at the earliest 
possible time. 
‘‘(d) MEDIATION PROCEEDINGS
AND PRIVILEGED 
DOCUMENTS.—As a condition of the participation of Rep-
resentatives of the Director pursuant to this section in 
State-sponsored mediation, all statements made and docu-
ments produced pursuant to such mediation involving rep-
resentatives of the Director shall be deemed privileged and 
confidential settlement negotiations made in anticipation 
of litigation. 
‘‘(e) EFFECT
OF PARTICIPATION
ON LIABILITY, 
RIGHT, AND OBLIGATIONS.—Participation of Representa-
tives of the Director pursuant to this section in State- 
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sponsored mediation shall not affect or expand the liability 
of any party in contract or in tort, nor shall it affect the 
rights or obligations of the parties as provided in the 
Standard Flood Insurance Policy under the national flood 
insurance program, regulations of the Federal Emergency 
Management Agency, this Act, or Federal common law. 
‘‘(f) EXCLUSIVE FEDERAL JURISDICTION.—Partici-
pation of Representatives of the Director pursuant to this 
section in State-sponsored mediation shall not alter, 
change or modify the original exclusive jurisdiction of 
United States courts as provided in this Act. 
‘‘(g) COST LIMITATION.—Nothing in this section 
shall be construed to require the Director or representa-
tives of the Director to pay additional mediation fees relat-
ing to flood claims associated with a State-sponsored me-
diation program in which representatives of the Director 
participate. 
‘‘(h) EXCEPTION.—In the case of the occurrence of 
a natural catastrophe that results in flood damage claims 
under the national flood insurance program and does not 
result in any loss covered by a personal lines residential 
property insurance policy— 
‘‘(1) this section shall not apply; and 
‘‘(2) the provisions of the Standard Flood In-
surance Policy under the national flood insurance 
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program and the appeals process established pursu-
ant to section 205 of the Bunning-Bereueter- 
Blumenauer Flood Insurance Reform Act of 2004 
(Public Law 108–264; 118 Stat. 726) and regula-
tions issued pursuant to such section shall apply ex-
clusively. 
‘‘(i) REPRESENTATIVES
OF DIRECTOR.—For pur-
poses of this section, the term ‘representatives of the Di-
rector’ means representatives of the national flood insur-
ance program who participate in the appeals process es-
tablished pursuant to section 205 of the Bunning- 
Bereueter-Blumenauer Flood Insurance Reform Act of 
2004 (Public Law 108–264; 118 Stat. 726) and regula-
tions issued pursuant to such section.’’. 
SEC. 13. FEMA ANNUAL REPORT ON INSURANCE PROGRAM. 
Section 1320 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4027) is amended— 
(1) in the section heading, by striking ‘‘REPORT 
TO THE PRESIDENT’’ and inserting ‘‘ANNUAL RE-
PORT TO CONGRESS’’ ; 
(2) in subsection (a)— 
(A) by striking ‘‘biennially’’; 
(B) by striking ‘‘the President for submis-
sion to’’; and 
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(C) by inserting ‘‘not later than June 30 
of each year’’ before the period at the end; 
(3) in subsection (b), by striking ‘‘biennial’’ and 
inserting ‘‘annual’’; and 
(4) by adding at the end the following new sub-
section: 
‘‘(c) FINANCIAL STATUS OF PROGRAM.—The report 
under this section for each year shall include information 
regarding the financial status of the national flood insur-
ance program under this title, including a description of 
the financial status of the National Flood Insurance Fund 
and current and projected levels of claims, premium re-
ceipts, expenses, and borrowing under the program.’’. 
SEC. 14. FLOOD INSURANCE OUTREACH GRANTS. 
Chapter I of the National Flood Insurance Act of 
1968 (42 U.S.C. 4011 et seq.) is amended by adding at 
the end the following new section: 
‘‘SEC. 1325. 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 (h), 
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-
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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. 
‘‘(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 
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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; and 
‘‘(5) encouraging such owners and renters to 
maintain or acquire such coverage. 
‘‘(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). 
‘‘(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-
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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 (g) 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-
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; 
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‘‘(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; and 
‘‘(E) demonstrated technical capacity of 
the local governmental agency for outreach to 
individual property owners. 
‘‘(f) DIRECT OUTREACH BY FEMA.—In each fiscal 
year that amounts for grants are made available pursuant 
to subsection (h), 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) REPORTING.—Each local government agency 
that receives a grant under this section, and each entity 
that receives amounts pursuant to subsection (f), shall 
submit a report to the Director, not later than 12 months 
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after such amounts are first received, which shall include 
such information as the Director considers appropriate to 
describe the activities conducted using such amounts and 
the effect of such activities on the retention or acquisition 
of flood insurance coverage. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated for grants under this sec-
tion $50,000,000 for each of fiscal years 2008 through 
2012.’’. 
SEC. 15. 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 ‘‘and fiscal year,’’. 
SEC. 16. EXTENSION OF PILOT PROGRAM FOR MITIGATION 
OF SEVERE REPETITIVE LOSS PROPERTIES. 
Section 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 ‘‘2008, 
2009, 2010, 2011, and 2012’’; and 
(2) by striking subsection (l). 
SEC. 17. FLOOD MITIGATION ASSISTANCE PROGRAM. 
(a) ELIGIBILITY OF PROPERTY DEMOLITION AND 
REBUILDING.—Section 1366(e)(5)(B) of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4104c(e)(5)(B)) 
is amended by striking ‘‘or floodproofing’’ and inserting 
‘‘floodproofing, or demolition and rebuilding’’. 
(b) ELIMINATION OF LIMITATIONS ON AGGREGATE 
AMOUNT OF ASSISTANCE.—Section 1366 of the National 
Flood Insurance Act of 1968 is amended by striking sub-
section (f). 
(c) SOURCE OF FUNDS.—Subsection (a) of section 
1367 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4104d(a)) is amended by adding at the end the 
following new sentence: ‘‘Notwithstanding any other provi-
sion of this title, amounts made available pursuant to this 
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subsection shall not be subject to offsetting collections 
through premium rates for flood insurance coverage under 
this title.’’. 
(d) TECHNICAL AMENDMENTS.—Section 1366 of the 
National Flood Insurance Act of 1968 is amended— 
(1) by striking ‘‘subsection (g)’’ each place such 
term appears in subsections (h) and (i)(2) and in-
serting ‘‘subsection (f)’’; and 
(2) by redesignating subsections (g) through (k) 
as subsections (f) through (j), respectively. 
SEC. 18. GAO STUDY OF METHODS TO INCREASE FLOOD IN-
SURANCE PROGRAM PARTICIPATION BY LOW- 
INCOME FAMILIES. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study to identify and ana-
lyze potential methods, practices, and incentives that 
would increase the extent to which low-income families (as 
such term is defined in section 3(b) of the United States 
Housing Act of 1937 (42 U.S.C. 1437a(b))) that own resi-
dential properties located within areas having special flood 
hazards purchase flood insurance coverage for such prop-
erties under the national flood insurance program. In con-
ducting the study, the Comptroller General shall analyze 
the effectiveness and costs of the various methods, prac-
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tices, and incentives identified, including their effects on 
the national flood insurance program. 
(b) REPORT.—The Comptroller General shall submit 
to the Congress a report setting forth the conclusions of 
the study under this section not later than 12 months 
after the date of the enactment of this Act. 
SEC. 19. NOTICE OF AVAILABILITY OF FLOOD INSURANCE 
AND ESCROW IN RESPA GOOD FAITH ESTI-
MATE. 
Subsection (c) of section 5 of the Real Estate Settle-
ment Procedures Act of 1974 (12 U.S.C. 2604(c)) is 
amended by adding at the end the following new sentence: 
‘‘Each such good faith estimate shall include the following 
conspicuous statements and information: (1) that flood in-
surance coverage for residential real estate is generally 
available under the national flood insurance program 
whether or not the real estate is located in an area having 
special flood hazards and that, to obtain such coverage, 
a home owner or purchaser should contact the national 
flood insurance program; (2) a telephone number and a 
location on the World Wide Web by which a home owner 
or purchaser can contact the national flood insurance pro-
gram; and (3) that the escrowing of flood insurance pay-
ments is required for many loans under section 102(d) of 
the Flood Disaster Protection Act of 1973, and may be 
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a convenient and available option with respect to other 
loans.’’. 
SEC. 20. REITERATION OF FEMA RESPONSIBILITIES UNDER 
2004 REFORM ACT. 
(a) APPEALS PROCESS.—As directed in section 205 
of the Bunning-Bereuter-Blumenauer Flood Insurance 
Reform Act of 2004 (42 U.S.C. 4011 note), the Director 
of the Federal Emergency Management Agency is again 
directed to, not later than 90 days after the date of the 
enactment of this Act, establish an appeals process 
through which holders of a flood insurance policy may ap-
peal the decisions, with respect to claims, proofs of loss, 
and loss estimates relating to such flood insurance policy 
as required by such section. 
(b) MINIMUM TRAINING AND EDUCATION REQUIRE-
MENTS.—The Director of the Federal Emergency Man-
agement Agency is directed to continue to work with the 
insurance industry, State insurance regulators, and other 
interested parties to implement the minimum training and 
education standards for all insurance agents who sell flood 
insurance policies that were established by the Director 
under the notice published September 1, 2005 (70 Fed. 
Reg. 52117) pursuant to section 207 of the Bunning-Be-
reuter-Blumenauer Flood Insurance Reform Act of 2004 
(42 U.S.C. 4011 note). 
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(c) REPORT.—Not later than the expiration of the 6- 
month period beginning on the date of the enactment of 
this Act, the Director of the Federal Emergency Manage-
ment Agency shall submit a report to the Congress de-
scribing the implementation of each provision of the 
Bunning-Bereuter-Blumenauer Flood Insurance Reform 
Act of 2004 (Public Law 108–264) and identifying each 
regulation, order, notice, and other material issued by the 
Director in implementing each such provision. 
SEC. 21. ONGOING MODERNIZATION OF FLOOD MAPS AND 
ELEVATION STANDARDS. 
(a) ONGOING FLOOD MAPPING PROGRAM.—Section 
1360 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4101) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(k) ONGOING PROGRAM TO REVIEW, UPDATE, AND 
MAINTAIN FLOOD INSURANCE PROGRAM MAPS.— 
‘‘(1) IN GENERAL.—The Director, in coordina-
tion with the Technical Mapping Advisory Council 
established pursuant to section 576 of the National 
Flood Insurance Reform Act of 1994 (42 U.S.C. 
4101 note) and section 21(b) of the Flood Insurance 
Reform and Modernization Act of 2007, shall estab-
lish an ongoing program under which the Director 
shall review, update, and maintain national flood in-
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surance program rate maps in accordance with this 
subsection. 
‘‘(2) INCLUSIONS.— 
‘‘(A) COVERED
AREAS.—Each map up-
dated under this subsection shall include a de-
piction of— 
‘‘(i) the 500-year floodplain; 
‘‘(ii) areas that could be inundated as 
a result of the failure of a levee, as deter-
mined by the Director; and 
‘‘(iii) areas that could be inundated as 
a result of the failure of a dam, as identi-
fied under the National Dam Safety Pro-
gram Act (33 U.S.C. 467 et seq.). 
‘‘(B) OTHER
INCLUSIONS.—In updating 
maps under this subsection, the Director may 
include— 
‘‘(i) any relevant information on 
coastal inundation from— 
‘‘(I) an applicable inundation 
map of the Corps of Engineers; and 
‘‘(II) data of the National Oce-
anic and Atmospheric Administration 
relating to storm surge modeling; 
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‘‘(ii) any relevant information of the 
Geographical Service on stream flows, wa-
tershed characteristics, and topography 
that is useful in the identification of flood 
hazard areas, as determined by the Direc-
tor; and 
‘‘(iii) a description of any hazard that 
might impact flooding, including, as deter-
mined by the Director— 
‘‘(I) land subsidence and coastal 
erosion areas; 
‘‘(II) sediment flow areas; 
‘‘(III) mud flow areas; 
‘‘(IV) ice jam areas; and 
‘‘(V) areas on coasts and inland 
that are subject to the failure of 
structural protective works, such as 
levees, dams, and floodwalls. 
‘‘(3) STANDARDS.—In updating and maintain-
ing maps under this subsection, the Director shall 
establish standards to— 
‘‘(A) ensure that maps are adequate for— 
‘‘(i) flood risk determinations; and 
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‘‘(ii) use by State and local govern-
ments in managing development to reduce 
the risk of flooding; 
‘‘(B) facilitate the Director, in conjunction 
with State and local governments, to identify 
and use consistent methods of data collection 
and analysis in developing maps for commu-
nities with similar flood risks, as determined by 
the Director; and 
‘‘(C) ensure that emerging weather fore-
casting technology is used, where practicable, in 
flood map evaluations and the identification of 
potential risk areas. 
‘‘(4) HURRICANES KATRINA AND RITA MAPPING 
PRIORITY.—In updating and maintaining maps 
under this subsection, the Director shall— 
‘‘(A) give priority to the updating and 
maintenance of maps of coastal areas affected 
by Hurricane Katrina or Hurricane Rita to pro-
vide guidance with respect to hurricane recovery 
efforts; and 
‘‘(B) use the process of updating and 
maintaining maps under subparagraph (A) as a 
model for updating and maintaining other 
maps. 
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‘‘(5) EDUCATION
PROGRAM.—The Director 
shall, after each update to a flood insurance pro-
gram rate map, in consultation with the chief execu-
tive officer of each community affected by the up-
date, conduct a program to educate each such com-
munity about the update to the flood insurance pro-
gram rate map and the effects of the update. 
‘‘(6) ANNUAL REPORT.—Not later than June 
30 of each year, the Director shall submit a report 
to the Congress describing, for the preceding 12- 
month period, the activities of the Director under 
the program under this section and the reviews and 
updates of flood insurance program rate maps con-
ducted under the program. Each such annual report 
shall contain the most recent report of the Technical 
Mapping Advisory Council pursuant to section 
576(c)(3) of the National Flood Insurance Reform 
Act of 1994 (42 U.S.C. 4101 note). 
‘‘(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Direc-
tor to carry out this subsection $400,000,000 for 
each of fiscal years 2008 through 2013.’’. 
(b) REESTABLISHMENT
OF TECHNICAL MAPPING 
ADVISORY COUNCIL FOR ONGOING MAPPING PROGRAM.— 
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(1) REESTABLISHMENT.—There is reestab-
lished the Technical Mapping Advisory Council, in 
accordance with this subsection and section 576 of 
the National Flood Insurance Reform Act of 1994 
(42 U.S.C. 4101 note). 
(2) MEMBERSHIP.—Paragraph (1) of section 
576(b) of the National Flood Insurance Reform Act 
of 1994 (42 U.S.C. 4101 note) is amended— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘10’’ and inserting ‘‘14’’; 
(B) by redesignating subparagraphs (E), 
(F), (G), (H), (I), and (J) as subparagraphs 
(F), (G), (H), (K), (M), and (N), respectively; 
(C) by inserting after subparagraph (D) 
the following new subparagraph: 
‘‘(E) a representative of the Corps of Engi-
neers of the United States Army;’’; 
(D) by inserting after subparagraph (H) 
(as so redesignated by subparagraph (B) of this 
paragraph) the following new subparagraphs: 
‘‘(I) a representative of local or regional 
flood and stormwater agencies; 
‘‘(J) a representative of State geographic 
information coordinators;’’; and 
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(E) by inserting after subparagraph (K) 
(as so redesignated by subparagraph (A) of this 
paragraph) the following new subparagraph: 
‘‘(L) a representative of flood insurance 
servicing companies;’’. 
(3) TERMS OF MEMBERS AND APPOINTMENT.— 
Section 576(b) of the National Flood Insurance Re-
form Act of 1994 (42 U.S.C. 4101 note) is amended 
by adding at the end the following new paragraph: 
‘‘(3) TERMS OF MEMBERS.— 
‘‘(A) IN GENERAL.—Each member of the 
Council pursuant to any of subparagraphs (B) 
through (N) of paragraph (1) shall be ap-
pointed for a term of 5 years, except as pro-
vided in subparagraphs (B) and (C). 
‘‘(B) TERMS OF INITIAL APPOINTEES.—As 
designated by the Director (or the designee of 
the Director) at the time of appointment, of the 
members of the Council first appointed pursu-
ant to subparagraph (D)— 
‘‘(i) 4 shall be appointed for a term of 
1 year; 
‘‘(ii) 4 shall be appointed for a term 
of 3 years; and 
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‘‘(iii) 5 shall be appointed for a term 
of 5 years. 
‘‘(C) VACANCIES.—Any member of the 
Council appointed to fill a vacancy occurring 
before the expiration of the term for which the 
member’s predecessor was appointed shall be 
appointed only for the remainder of that term. 
A member may serve after the expiration of 
that member’s term until a successor has taken 
office. A vacancy in the Council shall be filled 
in the manner in which the original appoint-
ment was made. 
‘‘(D) INITIAL APPOINTMENT.—The Direc-
tor, or the Director’s designee, shall take action 
as soon as possible after the date of the enact-
ment of the Flood Insurance Reform and Mod-
ernization Act of 2007 to appoint the members 
of the Council pursuant to this subsection.’’. 
(4) DUTIES.—Subsection (c) of section 576 of 
the National Flood Insurance Reform Act of 1994 
(42 U.S.C. 4101 note) is amended to read as fol-
lows: 
‘‘(c) DUTIES.—The Council shall— 
‘‘(1) make recommendations to the Director for 
improvements to the flood map modernization pro-
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gram under section 1360(k) of the National Flood 
Insurance Act of 1968 (42 U.S.C. 41010(k)); 
‘‘(2) make recommendations to the Director for 
maintaining a modernized inventory of flood hazard 
maps and information; and 
‘‘(3) submit an annual report to the Director 
that contains a description of the activities and rec-
ommendations of the Council.’’. 
(5) ELIMINATION
OF
TERMINATION.—Section 
576 of the National Flood Insurance Reform Act of 
1994 (42 U.S.C. 4101 note) is amended by striking 
subsection (k) and inserting the following new sub-
section: 
‘‘(k) CONTINUED EXISTENCE.—Section 14(a)(2)(B) 
of the Federal Advisory Committee Act (5 U.S.C. App.; 
relating to termination of advisory committees) shall not 
apply to the Council.’’. 
(c) POST-DISASTER FLOOD ELEVATION DETERMINA-
TIONS.—Section 1361 of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4101), as amended by the pre-
ceding provisions of this Act, is further amended by add-
ing at the end the following new subsection: 
‘‘(l) 
INTERIM
POST-DISASTER
FLOOD
ELE-
VATIONS.— 
VerDate Aug 31 2005 
23:34 Apr 02, 2007
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