I 
114TH CONGRESS 
1ST SESSION H. R. 3297 
To reform the National Flood Insurance Program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2015 
Mr. GRIFFITH introduced the following bill; which was referred to the 
Committee on Financial Services 
A BILL 
To reform 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. 
This Act may be cited as the ‘‘Fairness in Flood In-
surance Act of 2015’’. 
SEC. 2. APPEALS OF PROJECTED SPECIAL FLOOD HAZARD 
AREAS. 
(a) BURDEN OF PROOF.— 
(1) APPEALS TO FEMA.—Section 1363 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 
VerDate Sep 11 2014 
22:45 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3297.IH
H3297
asabaliauskas on DSK5VPTVN1PROD with BILLS
4104) is amended by adding at the end the following 
new subsection: 
‘‘(h) BURDEN OF PROOF.—In any appeal to the Ad-
ministrator, or any judicial review of a final administrative 
determination, regarding the designation of flood elevation 
determinations or the identification of special flood hazard 
areas, the Administrator shall have the burden of proving, 
by clear and convincing evidence, that the elevations pro-
posed by the Administrator or the designation of an identi-
fied special flood hazard area, as the case may be, is sci-
entifically and technically correct.’’. 
(2) DETERMINATIONS BY SCIENTIFIC RESOLU-
TION PANEL.—Subsection (c) of section 1363A of 
the National Flood Insurance Act of 1968 (42 
U.S.C. 4104–1(c)) is amended— 
(A) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; and 
(B) by inserting after paragraph (2) the 
following new paragraph: 
‘‘(3) BURDEN OF PROOF.—The Scientific Reso-
lution Panel may not resolve a dispute submitted 
under this section in favor of the Administrator un-
less the Panel determines, by clear and convincing 
evidence, that the data and determinations of the 
VerDate Sep 11 2014 
22:45 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3297.IH
H3297
asabaliauskas on DSK5VPTVN1PROD with BILLS
Administrator involved in the dispute are scientif-
ically and technically correct.’’. 
(b) DEADLINE FOR APPEALS.— 
(1) IN
GENERAL.—Section 1363 of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 
4104) is amended— 
(A) in subsection (b), by striking ‘‘ninety- 
day’’ and inserting ‘‘6-month’’; and 
(B) in subsections (c) and (d), by striking 
‘‘ninety days’’ each place such term appears 
and inserting ‘‘6 months’’. 
(2) APPLICABILITY.—The amendment made by 
paragraph (1) shall apply with respect to second 
newspaper publications of notifications of the Ad-
ministrator of the Federal Emergency Management 
Agency referred to in section 1363(b) of the Na-
tional Flood Insurance Act of 1968 that occur after 
the date of the enactment of this Act. 
(c) REIMBURSEMENT FOR COSTS OF APPEAL.— 
(1) APPLICABILITY; IMPLEMENTATION.—Sub-
section (f) of section 1363 of the National Flood In-
surance Act of 1968 (42 U.S.C. 4104(f)) is amend-
ed— 
(A) by striking the first sentence and in-
serting the following: ‘‘When, incident to any 
VerDate Sep 11 2014 
22:45 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3297.IH
H3297
asabaliauskas on DSK5VPTVN1PROD with BILLS
appeal that is successful, in whole or part, re-
garding the designation of any aspect of a flood 
map, including elevation or designation of a 
special flood hazard area, the community, 
owner, or lessee of real property, as the case 
may be, incurs expense in connection with the 
appeal, including for legal services and services 
provided by surveyors, engineers, and scientific 
experts, the Administrator shall reimburse such 
individual or community for reasonable ex-
penses to an extent measured by the ratio of 
the successful portion of the appeal as com-
pared to the entire appeal. Any successful ap-
peal shall be entitled to such reimbursement 
and reimbursement shall not be contingent 
upon filing within the 6-month periods referred 
to in subsections (c) and (d).’’ ; and 
(B) by striking the last sentence and in-
serting the following: ‘‘The Administrator shall 
issue guidance to implement this subsection, 
which shall not be subject to the notice and 
comment requirements under section 553 of 
title 5, United States Code.’’. 
(2) DEADLINE.—The Administrator of the Fed-
eral Emergency Management Agency shall issue the 
VerDate Sep 11 2014 
22:45 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3297.IH
H3297
asabaliauskas on DSK5VPTVN1PROD with BILLS
guidance referred to in the last sentence of section 
1363 of the National Flood Insurance Act of 1968 
(42 U.S.C. 4104(f)), as amended by paragraph 
(1)(B) of this subsection, not later than the expira-
tion of the 6-month period beginning on the date of 
the enactment of this Act. 
SEC. 3. REVISIONS OF EXISTING FLOOD INSURANCE MAPS; 
APPEALS. 
(a) UPDATING OF MAPS.—Subsection (f) of section 
1360 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4101(f)) is amended to read as follows: 
‘‘(f) UPDATING OF FLOOD MAPS.— 
‘‘(1) UPON NECESSITY OR REQUEST.—The Ad-
ministrator shall revise and update any floodplain 
areas and flood-risk zones— 
‘‘(A) upon the determination of the Admin-
istrator, according to the assessment under sub-
section (e) of this section, that revision and up-
dating are necessary for the areas and zones; 
‘‘(B) upon the request from any State or 
local government stating that specific floodplain 
areas or flood-risk zones in the State or locality 
need revision or updating, if sufficient technical 
data justifying the request is submitted; or 
VerDate Sep 11 2014 
22:45 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3297.IH
H3297
asabaliauskas on DSK5VPTVN1PROD with BILLS
‘‘(C) upon the request from any owner or 
lessee of real property located in a floodplain 
area or flood-risk zone if sufficient technical 
data justifying the request is submitted. 
‘‘(2) REQUEST BY STATE OR LOCAL GOVERN-
MENT.—When the Administrator revises and up-
dates any floodplain area or flood-risk zone pursuant 
to a request from any State or local government, the 
Administrator shall provide to that State or local 
government a Letter of Map Revision, Letter of Map 
Revision Based on Fill, or physical map revision, as 
appropriate, that includes a description of any revi-
sions or modifications to such floodplain area or 
flood-risk zone. 
‘‘(3) REQUEST BY OWNER OR LESSEE.—When 
the Administrator revises and updates any floodplain 
area or flood-risk zone pursuant to a request from 
any owner or lessee of real property, the Adminis-
trator shall provide to that owner of lessee a Letter 
of Map Amendment, Letter of Map Amendment 
Based on Fill, Letter of Map Revision, or Letter of 
Map Revision Based on Fill, as appropriate, that in-
cludes a description of any revisions or modifications 
to such floodplain area or flood-risk zone. 
VerDate Sep 11 2014 
22:45 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3297.IH
H3297
asabaliauskas on DSK5VPTVN1PROD with BILLS
‘‘(4) REVISION OF FLOOD MAPS.—Any updates 
of flood maps, notifications of flood map changes, 
and compendia of flood map changes required by 
this section shall reflect any changes made pursuant 
to paragraphs (2) and (3) occurring since the most 
recent such update, notification, or compendia, re-
spectively.’’. 
SEC. 4. APPEALS REGARDING EXISTING FLOOD MAPS. 
(a) IN GENERAL.—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: 
‘‘(k) APPEALS OF EXISTING MAPS.— 
‘‘(1) RIGHT TO APPEAL.—A State or local gov-
ernment, or the owner or lessee of real property, 
who has made a formal request to the Administrator 
to update a flood map that the Administrator has 
denied may at any time appeal such a denial as pro-
vided in this subsection. 
‘‘(2) BASIS FOR APPEAL.—The basis for appeal 
under this subsection shall be the possession of 
knowledge or information that— 
‘‘(A) the base flood elevation level or des-
ignation of any aspect of a flood map is sci-
entifically or technically inaccurate; or 
VerDate Sep 11 2014 
22:45 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3297.IH
H3297
asabaliauskas on DSK5VPTVN1PROD with BILLS
‘‘(B) factors exist that mitigate the risk of 
flooding, including ditches, banks, walls, vegeta-
tion, levees, lakes, dams, reservoirs, basin, re-
tention ponds, and other natural or manmade 
topographical features. 
‘‘(3) APPEALS PROCESS.— 
‘‘(A) ADMINISTRATIVE
ADJUDICATION.— 
An appeal under this subsection shall be deter-
mined by a final adjudication on the record, 
and after opportunity for an administrative 
hearing. 
‘‘(B) RIGHTS UPON ADVERSE DECISION.— 
If an appeal pursuant to subparagraph (A) does 
not result in a decision in favor of the State, 
local government, owner, or lessee, such party 
may appeal the adverse decision to— 
‘‘(i) the Scientific Resolution Panel 
provided for in section 1363A, which shall 
recommend a non-binding decision to the 
Administrator; or 
‘‘(ii) the Federal district court of ap-
propriate jurisdiction. 
An appeal by a State or local government, or 
the owner or lessee of real property, pursuant 
VerDate Sep 11 2014 
22:45 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3297.IH
H3297
asabaliauskas on DSK5VPTVN1PROD with BILLS
to clause (i) shall not preclude such party from 
further appealing pursuant to clause (ii). 
‘‘(C) BURDEN OF PROOF.—In any appeal 
under this subsection, the Administrator shall 
bear the burden of proving, by clear and con-
vincing evidence, that the elevations proposed 
by the Administrator or the designation of any 
aspect of the special flood hazard area, as the 
case may be, is scientifically and technically 
correct. 
‘‘(4) RELIEF.— 
‘‘(A) WHOLLY SUCCESSFUL APPEALS.—In 
the case of a successful appeal resulting in a 
policyholder’s property being removed from a 
special flood hazard area, such policyholder may 
cancel the policy at any time within the current 
policy year, and the Administrator shall provide 
such policyholder a refund in the amount of any 
premiums paid for such policy year, plus any 
premiums paid for flood insurance coverage 
that the policyholder was required to purchase 
or maintain during the 2-year period preceding 
such policy year. 
‘‘(B) PARTIALLY SUCCESSFUL APPEALS.— 
In the case of any appeal in which mitigating 
VerDate Sep 11 2014 
22:45 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3297.IH
H3297
asabaliauskas on DSK5VPTVN1PROD with BILLS
factors were determined to have reduced, but 
not eliminated, the risk of flooding, the Admin-
istrator shall reduce the amount of flood insur-
ance coverage required to be maintained for the 
property concerned by the ratio of the success-
ful portion of the appeal as compared to the en-
tire appeal. The Administrator shall refund to 
the policyholder any payments made in excess 
of the amount necessary for such new coverage 
amount, effective from the time when the miti-
gating factor was created or the beginning of 
the second policy year preceding the determina-
tion of the appeal, whichever occurred later. 
‘‘(C) ADDITIONAL RELIEF.—The Adminis-
trator may provide additional refunds in excess 
of the amounts specified in subparagraphs (A) 
and (B) if the Administrator determines that 
such additional amounts are warranted. 
‘‘(5) RECOVERY OF COSTS.— When, incident to 
any appeal which is successful in whole or part re-
garding the designation of the base flood elevation 
or any aspect of the flood map, including elevation 
or designation of a special flood hazard area, the 
community, or the owner or lessee of real property, 
as the case may be, incurs expense in connection 
VerDate Sep 11 2014 
22:45 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3297.IH
H3297
asabaliauskas on DSK5VPTVN1PROD with BILLS
with the appeal, including legal services and services 
provided by surveyors, engineers, and scientific ex-
perts, the Administrator shall reimburse such indi-
vidual or community for reasonable expenses to an 
extent measured by the ratio of the successful por-
tion of the appeal as compared to the entire appeal. 
The Administrator may use such amounts from the 
National Flood Insurance Fund established under 
section 1310 as may be necessary to carry out this 
paragraph. 
‘‘(6) 
GUIDANCE.—The 
Administrator 
shall 
issue guidance to implement this subsection, which 
shall not be subject to the notice and comment re-
quirements under section 553 of title 5, United 
States Code.’’. 
(b) DEADLINE.—The Administrator of the Federal 
Emergency Management Agency shall issue the guidance 
referred to section 1361(k)(6) of the National Flood In-
surance Act of 1968 (42 U.S.C. 4101(k)(6)), as added by 
the amendment made by subsection (a) of this section, not 
later than the expiration of the 6-month period beginning 
on the date of the enactment of this Act. 
VerDate Sep 11 2014 
22:45 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3297.IH
H3297
asabaliauskas on DSK5VPTVN1PROD with BILLS
SEC. 5. CONSIDERATION OF FLOOD MITIGATION FACTORS 
IN ESTABLISHING FLOOD HAZARD AREAS. 
Section 1360 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4101), as amended by the preceding pro-
visions of this Act, is further amended by adding at the 
end the following new subsection: 
‘‘(l) CONSIDERATION OF FLOOD MITIGATION FAC-
TORS.—In identifying, designating, and establishing any 
areas having special flood hazards, including in reviewing, 
revising, or updating of such areas, the Administrator and 
the Technical Mapping Advisory Council established under 
section 100215 of the Biggert-Waters Flood Insurance 
Reform Act of 2012 (42 U.S.C. 4101a) shall take into 
consideration any factors that mitigate against flood risk, 
including ditches, banks, walls, vegetation, levees, lakes, 
dams, reservoirs, basin, and retention ponds, and the ex-
tent to which such factors mitigate against flood risk.’’. 
SEC. 6. CONSIDERATION OF COASTAL AND INLAND LOCA-
TIONS IN PREMIUM RATES. 
(a) ESTIMATES OF PREMIUM RATES.—Clause (i) of 
section 1307(a)(1)(A) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4014(a)(1)(A)(i)) is amended by 
inserting ‘‘, taking into consideration differences between 
properties located in coastal areas and properties located 
inland,’’ after ‘‘the risk involved’’. 
VerDate Sep 11 2014 
22:45 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3297.IH
H3297
asabaliauskas on DSK5VPTVN1PROD with BILLS
(b) ESTABLISHMENT
OF CHARGEABLE PREMIUM 
RATES.—Paragraph (1) of section 1308(b) of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 
4015(b)(1)) is amended by inserting ‘‘due to differences 
between properties located in coastal areas and properties 
located inland and’’ after ‘‘differences in risks’’. 
(c) RATE TABLES.—Not later than the expiration of 
the 180-day period beginning on the date of the enactment 
of this Act, the Administrator of the Federal Emergency 
Management Agency shall revise and expand the rate ta-
bles for premiums under the National Flood Insurance 
Program to implement the amendments made by this sec-
tion and reflect differences between properties located in 
coastal areas and properties located inland. 
SEC. 7. STREAMLINING OF FLOOD MAP PROCESSES. 
The Administrator of the Federal Emergency Man-
agement Agency shall consult with the Technical Mapping 
Advisory Council established under section 100215 of the 
Biggert-Waters Flood Insurance Reform Act of 2012 (42 
U.S.C. 4101a) regarding methods of or actions to— 
(1) make the flood map processes of the Coun-
cil more efficient; 
(2) minimize any cost, data, and paperwork re-
quirements of the Council; and 
VerDate Sep 11 2014 
22:45 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3297.IH
H3297
asabaliauskas on DSK5VPTVN1PROD with BILLS
(3) assist communities, and in particular small-
er communities, in locating the resources required to 
successfully appeal flood elevations and flood hazard 
area designations. 
Not later than the expiration of the 1-year period begin-
ning on the date of the enactment of this Act, the Admin-
istrator shall submit a report to the Committee on Finan-
cial Services of the House of Representatives and the 
Committee on Banking, Housing, and Urban Affairs of 
the Senate setting forth any recommendations for methods 
or actions developed pursuant to the consultation required 
under this section. 
SEC. 8. SUFFICIENT STAFFING FOR OFFICE OF FLOOD IN-
SURANCE ADVOCATE. 
(a) IN GENERAL.—Section 24 of the Homeowner 
Flood Insurance Affordability Act of 2014 (42 U.S.C. 
4033) is amended by adding at the end the following new 
subsection: 
‘‘(c) STAFF.—The Administrator shall ensure that 
the Flood Insurance Advocate has sufficient staff to carry 
out all of the duties and responsibilities of the Advocate 
under this section, which shall include providing direction 
as necessary, including by direct conversations with insur-
ance agents.’’. 
VerDate Sep 11 2014 
22:45 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3297.IH
H3297
asabaliauskas on DSK5VPTVN1PROD with BILLS
(b) TIMING.—The Administrator of the Federal 
Emergency Management Agency shall take such actions 
as may be necessary to provide for full compliance with 
section 24(c) of the Homeowner Flood Insurance Afford-
ability Act of 2014, as added by the amendment made by 
subsection (a) of this section, not later than the expiration 
of the 180-day period beginning on the date of the enact-
ment of this Act. 
SEC. 9. GAO STUDY ON ADEQUACY OF FLOOD MAPS. 
The Comptroller General of the United States shall 
conduct a study to determine the scientific and technical 
adequacy of the flood maps proposed and established pur-
suant to chapter III of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4101 et seq.) by the Administrator 
of the Federal Emergency Management Agency. Not later 
than the expiration of the 6-month period beginning on 
the date of the enactment of this Act, the Comptroller 
General shall submit a report to the Committee on Finan-
cial Services of the House of Representatives and the 
Committee on Banking, Housing, and Urban Affairs of 
the Senate a report setting forth the results and conclu-
sions of the study conducted pursuant to this section. 
VerDate Sep 11 2014 
22:45 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3297.IH
H3297
asabaliauskas on DSK5VPTVN1PROD with BILLS
SEC. 10. GAO STUDY OF EFFECTS OF CHANGING BASE 
FLOOD. 
The Comptroller General of the United States shall 
conduct a study regarding the effects on the National 
Flood Insurance Program and otherwise of changing the 
standard for designation of areas as special flood hazard 
areas from having a 1 percent or greater chance of experi-
encing flooding in any given year to having a 10 percent 
or greater chance of experiencing flooding in any given 
year. Not later than the expiration of the 180-day period 
beginning on the date of the enactment of this Act, the 
Comptroller General shall submit to the Congress a report 
setting forth the findings and conclusions of the study con-
ducted pursuant to this section. 
Æ 
VerDate Sep 11 2014 
22:45 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6301
E:\BILLS\H3297.IH
H3297
asabaliauskas on DSK5VPTVN1PROD with BILLS