IB 
Union Calendar No. 57 
112TH CONGRESS 
1ST SESSION H. R. 1309 
[Report No. 112–102] 
To extend the authorization of the national flood insurance program, to 
achieve reforms to improve the financial integrity and stability of the 
program, and to increase the role of private markets in the management 
of flood insurance risk, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 1, 2011 
Mrs. BIGGERT (for herself, Ms. WATERS, Mr. DOLD, Mr. GARRETT, Mr. STIV-
ERS, and Mrs. CAPITO) introduced the following bill; which was referred 
to the Committee on Financial Services 
JUNE 9, 2011 
Additional sponsors: Mr. HINOJOSA, Mr. RAHALL, Mr. MCKINLEY, Mr. BILI-
RAKIS, Mr. HARPER, Mr. BISHOP of Georgia, Mr. SIRES, Mr. AL GREEN 
of Texas, Ms. ESHOO, Mr. SESSIONS, Mr. HULTGREN, Mr. DOGGETT, 
Mr. HOLDEN, and Mrs. MCCARTHY of New York 
JUNE 9, 2011 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on April 1, 2011] 
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A BILL 
To extend the authorization of the national flood insurance 
program, to achieve reforms to improve the financial 
integrity and stability of the program, and to increase 
the role of private markets in the management of flood 
insurance risk, and for other purposes. 
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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 Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Extensions. 
Sec. 3. Mandatory purchase. 
Sec. 4. Reforms of coverage terms. 
Sec. 5. Reforms of premium rates. 
Sec. 6. Technical Mapping Advisory Council. 
Sec. 7. FEMA incorporation of new mapping protocols. 
Sec. 8. Treatment of levees. 
Sec. 9. Privatization initiatives. 
Sec. 10. FEMA annual report on insurance program. 
Sec. 11. Actuarial rates for severe repetitive loss properties refusing mitigation or 
purchase offers. 
Sec. 12. Mitigation assistance. 
Sec. 13. Grants for direct funding of mitigation activities for individual repet-
itive claims properties. 
Sec. 14. Notification to homeowners regarding mandatory purchase requirement 
applicability and rate phase-ins. 
Sec. 15. Notification of establishment of flood elevations. 
Sec. 16. Notification to tenants of availability of contents insurance. 
Sec. 17. Notification to policy holders regarding direct management of policy by 
FEMA. 
Sec. 18. Notice of availability of flood insurance and escrow in RESPA good 
faith estimate. 
Sec. 19. Reimbursement for costs incurred by homeowners obtaining letters of 
map amendment. 
Sec. 20. Treatment of swimming pool enclosures outside of hurricane season. 
Sec. 21. CDBG eligibility for flood insurance outreach activities and community 
building code administration grants. 
Sec. 22. Technical corrections. 
Sec. 23. Report on Write-Your-Own Program. 
Sec. 24. Studies of voluntary community-based flood insurance options. 
Sec. 25. Report on inclusion of building codes in floodplain management criteria. 
Sec. 26. Study on graduated risk. 
Sec. 27. No cause of action. 
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SEC. 2. EXTENSIONS. 
(a) EXTENSION OF PROGRAM.—Section 1319 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4026) is 
amended by striking ‘‘September 30, 2011’’ and inserting 
‘‘September 30, 2016’’. 
(b) EXTENSION OF FINANCING.—Section 1309(a) of 
such Act (42 U.S.C. 4016(a)) is amended by striking ‘‘Sep-
tember 30, 2011’’ and inserting ‘‘September 30, 2016’’. 
SEC. 3. MANDATORY PURCHASE. 
(a) AUTHORITY TO TEMPORARILY SUSPEND MANDA-
TORY PURCHASE REQUIREMENT.— 
(1) IN GENERAL.—Section 102 of the Flood Dis-
aster Protection Act of 1973 (42 U.S.C. 4012a) is 
amended by adding at the end the following new sub-
section: 
‘‘(i) AUTHORITY TO TEMPORARILY SUSPEND MANDA-
TORY PURCHASE REQUIREMENT.— 
‘‘(1) FINDING BY ADMINISTRATOR THAT AREA IS 
AN ELIGIBLE AREA.—For any area, upon a request 
submitted to the Administrator by a local government 
authority having jurisdiction over any portion of the 
area, the Administrator shall make a finding of 
whether the area is an eligible area under paragraph 
(3). If the Administrator finds that such area is an 
eligible area, the Administrator shall, in the discre-
tion of the Administrator, designate a period during 
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which such finding shall be effective, which shall not 
be longer in duration than 12 months. 
‘‘(2) SUSPENSION OF MANDATORY PURCHASE RE-
QUIREMENT.—If the Administrator makes a finding 
under paragraph (1) that an area is an eligible area 
under paragraph (3), during the period specified in 
the finding, the designation of such eligible area as an 
area having special flood hazards shall not be effective 
for purposes of subsection (a), (b), and (e) of this sec-
tion, and section 202(a) of this Act. Nothing in this 
paragraph may be construed to prevent any lender, 
servicer, regulated lending institution, Federal agency 
lender, the Federal National Mortgage Association, or 
the Federal Home Loan Mortgage Corporation, at the 
discretion of such entity, from requiring the purchase 
of flood insurance coverage in connection with the 
making, increasing, extending, or renewing of a loan 
secured by improved real estate or a mobile home lo-
cated or to be located in such eligible area during 
such period or a lender or servicer from purchasing 
coverage on behalf of a borrower pursuant to sub-
section (e). 
‘‘(3) ELIGIBLE AREAS.—An eligible area under 
this paragraph is an area that is designated or will, 
pursuant to any issuance, revision, updating, or other 
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change in flood insurance maps that takes effect on or 
after the date of the enactment of the Flood Insurance 
Reform Act of 2011, become designated as an area 
having special flood hazards and that meets any one 
of the following 3 requirements: 
‘‘(A) AREAS WITH NO HISTORY OF SPECIAL 
FLOOD
HAZARDS.—The area does not include 
any area that has ever previously been des-
ignated as an area having special flood hazards. 
‘‘(B) AREAS WITH FLOOD PROTECTION SYS-
TEMS UNDER IMPROVEMENTS.—The area was in-
tended to be protected by a flood protection sys-
tem— 
‘‘(i) that has been decertified, or is re-
quired to be certified, as providing protec-
tion for the 100-year frequency flood stand-
ard; 
‘‘(ii) that is being improved, con-
structed, or reconstructed; and 
‘‘(iii) for which the Administrator has 
determined measurable progress toward 
completion of such improvement, construc-
tion, reconstruction is being made and to-
ward securing financial commitments suffi-
cient to fund such completion. 
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‘‘(C) AREAS FOR WHICH APPEAL HAS BEEN 
FILED.—An area for which a community has 
appealed— 
‘‘(i) designation of the area as having 
special flood hazards in a timely manner 
under section 1363; or 
‘‘(ii) 
any 
decertification 
or 
deaccreditation of a dam, levee, or other 
flood protection system or the level of pro-
tection afforded by a dam, levee, or system. 
‘‘(4) EXTENSION
OF
DELAY.—Upon a request 
submitted by a local government authority having ju-
risdiction over any portion of the eligible area, the 
Administrator may extend the period during which a 
finding under paragraph (1) shall be effective, except 
that— 
‘‘(A) each such extension under this para-
graph shall not be for a period exceeding 12 
months; and 
‘‘(B) for any area, the cumulative number 
of such extensions may not exceed 2. 
‘‘(5) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to affect the applicability 
of a designation of any area as an area having spe-
cial flood hazards for purposes of the availability of 
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flood insurance coverage, criteria for land manage-
ment and use, notification of flood hazards, eligibility 
for mitigation assistance, or any other purpose or 
provision not specifically referred to in paragraph 
(2). 
‘‘(6) REPORTS.—The Administrator shall, in 
each annual report submitted pursuant to section 
1320, include information identifying each finding 
under paragraph (1) by the Administrator during the 
preceding year that an area is an area having special 
flood hazards, the basis for each such finding, any ex-
tensions pursuant to paragraph (4) of the periods of 
effectiveness of such findings, and the reasons for such 
extensions.’’. 
(2) NO REFUNDS.—Nothing in this subsection or 
the amendments made by this subsection may be con-
strued to authorize or require any payment or refund 
for flood insurance coverage purchased for any prop-
erty that covered any period during which such cov-
erage is not required for the property pursuant to the 
applicability of the amendment made by paragraph 
(1). 
(b) TERMINATION OF FORCE-PLACED INSURANCE.— 
Section 102(e) of the Flood Disaster Protection Act of 1973 
(42 U.S.C. 4012a(e)) is amended— 
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(1) in paragraph (2), by striking ‘‘insurance.’’ 
and inserting ‘‘insurance, including premiums or fees 
incurred for coverage beginning on the date on which 
flood insurance coverage lapsed or did not provide a 
sufficient coverage amount.’’; 
(2) by redesignating paragraphs (3) and (4) as 
paragraphs (5) and 6), respectively; and 
(3) by inserting after paragraph (2) the fol-
lowing new paragraphs: 
‘‘(3) TERMINATION
OF
FORCE-PLACED
INSUR-
ANCE.—Within 30 days of receipt by the lender or 
servicer of a confirmation of a borrower’s existing 
flood insurance coverage, the lender or servicer shall— 
‘‘(A) terminate the force-placed insurance; 
and 
‘‘(B) refund to the borrower all force-placed 
insurance premiums paid by the borrower dur-
ing any period during which the borrower’s flood 
insurance coverage and the force-placed flood in-
surance coverage were each in effect, and any re-
lated fees charged to the borrower with respect to 
the force-placed insurance during such period. 
‘‘(4) SUFFICIENCY
OF
DEMONSTRATION.—For 
purposes of confirming a borrower’s existing flood in-
surance coverage, a lender or servicer for a loan shall 
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accept from the borrower an insurance policy declara-
tions page that includes the existing flood insurance 
policy number and the identity of, and contact infor-
mation for, the insurance company or agent.’’. 
(c) USE OF PRIVATE INSURANCE TO SATISFY MANDA-
TORY PURCHASE REQUIREMENT.—Section 102(b) of the 
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)) 
is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘lending institutions not to 
make’’ and inserting ‘‘lending institutions— 
‘‘(A) not to make’’; 
(B) in subparagraph (A), as designated by 
subparagraph (A) of this paragraph, by striking 
‘‘less.’’ and inserting ‘‘less; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(B) to accept private flood insurance as 
satisfaction of the flood insurance coverage re-
quirement under subparagraph (A) if the cov-
erage provided by such private flood insurance 
meets the requirements for coverage under such 
subparagraph.’’; 
(2) in paragraph (2), by inserting after ‘‘pro-
vided in paragraph (1).’’ the following new sentence: 
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(b) CLARIFICATION OF RESIDENTIAL AND COMMER-
CIAL COVERAGE LIMITS.—Section 1306(b) of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4013(b)) is amend-
ed— 
(1) in paragraph (2)— 
(A) by striking ‘‘in the case of any residen-
tial property’’ and inserting ‘‘in the case of any 
residential building designed for the occupancy 
of from one to four families’’; and 
(B) by striking ‘‘shall be made available to 
every insured upon renewal and every applicant 
for insurance so as to enable such insured or ap-
plicant to receive coverage up to a total amount 
(including such limits specified in paragraph 
(1)(A)(i)) of $250,000’’ and inserting ‘‘shall be 
made available, with respect to any single such 
building, up to an aggregate liability (including 
such limits specified in paragraph (1)(A)(i)) of 
$250,000’’; and 
(2) in paragraph (4)— 
(A) by striking ‘‘in the case of any nonresi-
dential property, including churches,’’ and in-
serting ‘‘in the case of any nonresidential build-
ing, including a church,’’; and 
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(B) by striking ‘‘shall be made available to 
every insured upon renewal and every applicant 
for insurance, in respect to any single structure, 
up to a total amount (including such limit spec-
ified in subparagraph (B) or (C) of paragraph 
(1), as applicable) of $500,000 for each structure 
and $500,000 for any contents related to each 
structure’’ and inserting ‘‘shall be made avail-
able with respect to any single such building, up 
to an aggregate liability (including such limits 
specified in subparagraph (B) or (C) of para-
graph (1), as applicable) of $500,000, and cov-
erage shall be made available up to a total of 
$500,000 aggregate liability for contents owned 
by the building owner and $500,000 aggregate li-
ability for each unit within the building for con-
tents owned by the tenant’’. 
(c) INDEXING OF MAXIMUM COVERAGE LIMITS.—Sub-
section (b) of section 1306 of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4013(b)) is amended— 
(1) in paragraph (4), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (5), by striking the period at 
the end and inserting ‘‘; and’’; 
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(3) by redesignating paragraph (5) as para-
graph (7); and 
(4) by adding at the end the following new para-
graph: 
‘‘(8) each of the dollar amount limitations under 
paragraphs (2), (3), (4), (5), and (6) shall be adjusted 
effective on the date of the enactment of the Flood In-
surance Reform Act of 2011, such adjustments shall 
be calculated using the percentage change, over the pe-
riod beginning on September 30, 1994, and ending on 
such date of enactment, in such inflationary index as 
the Administrator shall, by regulation, specify, and 
the dollar amount of such adjustment shall be round-
ed to the next lower dollar; and the Administrator 
shall cause to be published in the Federal Register the 
adjustments under this paragraph to such dollar 
amount limitations; except that in the case of cov-
erage for a property that is made available, pursuant 
to this paragraph, in an amount that exceeds the lim-
itation otherwise applicable to such coverage as speci-
fied in paragraph (2), (3), (4), (5), or (6), the total 
of such coverage shall be made 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).’’. 
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(d) OPTIONAL COVERAGE FOR LOSS OF USE OF PER-
SONAL RESIDENCE AND BUSINESS INTERRUPTION.—Sub-
section (b) of section 1306 of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4013(b)), as amended by the pre-
ceding provisions of this section, is further amended by in-
serting after paragraph (4) the following new paragraphs: 
‘‘(5) the Administrator may provide that, in the 
case of any residential property, each renewal or new 
contract for flood insurance coverage may provide not 
more than $5,000 aggregate liability per dwelling 
unit for any necessary increases in living expenses in-
curred by the insured when losses from a flood make 
the residence unfit to live in, except that— 
‘‘(A) purchase of such coverage shall be at 
the option of the insured; 
‘‘(B) any such coverage shall be made avail-
able only at chargeable rates that are not less 
than the estimated premium rates for such cov-
erage determined in accordance with section 
1307(a)(1); and 
‘‘(C) the Administrator may make such cov-
erage available only if the Administrator makes 
a determination and causes notice of such deter-
mination to be published in the Federal Register 
that— 
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‘‘(i) a competitive private insurance 
market for such coverage does not exist; and 
‘‘(ii) the national flood insurance pro-
gram has the capacity to make such cov-
erage available without borrowing funds 
from the Secretary of the Treasury under 
section 1309 or otherwise; 
‘‘(6) the Administrator may provide that, in the 
case of any commercial property or other residential 
property, including multifamily rental property, cov-
erage for losses resulting from any partial or total 
interruption of the insured’s business caused by dam-
age to, or loss of, such property from a flood may be 
made available to every insured upon renewal and 
every applicant, up to a total amount of $20,000 per 
property, except that— 
‘‘(A) purchase of such coverage shall be at 
the option of the insured; 
‘‘(B) any such coverage shall be made avail-
able only at chargeable rates that are not less 
than the estimated premium rates for such cov-
erage determined in accordance with section 
1307(a)(1); and 
‘‘(C) the Administrator may make such cov-
erage available only if the Administrator makes 
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a determination and causes notice of such deter-
mination to be published in the Federal Register 
that— 
‘‘(i) a competitive private insurance 
market for such coverage does not exist; and 
‘‘(ii) the national flood insurance pro-
gram has the capacity to make such cov-
erage available without borrowing funds 
from the Secretary of the Treasury under 
section 1309 or otherwise;’’. 
(e) PAYMENT OF PREMIUMS IN INSTALLMENTS FOR 
RESIDENTIAL PROPERTIES.—Section 1306 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4013) is amended 
by adding at the end the following new subsection: 
‘‘(d) PAYMENT OF PREMIUMS IN INSTALLMENTS FOR 
RESIDENTIAL PROPERTIES.— 
‘‘(1) AUTHORITY.—In addition to any other 
terms and conditions under subsection (a), such regu-
lations shall provide that, in the case of any residen-
tial property, premiums for flood insurance coverage 
made available under this title for such property may 
be paid in installments. 
‘‘(2) LIMITATIONS.—In implementing the au-
thority under paragraph (1), the Administrator may 
establish increased chargeable premium rates and sur-
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charges, and deny coverage and establish such other 
sanctions, as the Administrator considers necessary to 
ensure that insureds purchase, pay for, and maintain 
coverage for the full term of a contract for flood insur-
ance coverage or to prevent insureds from purchasing 
coverage only for periods during a year when risk of 
flooding is comparatively higher or canceling coverage 
for periods when such risk is comparatively lower.’’. 
SEC. 5. REFORMS OF PREMIUM RATES. 
(a) INCREASE IN ANNUAL LIMITATION ON PREMIUM 
INCREASES.—Section 1308(e) of the National Flood Insur-
ance Act of 1968 (42 U.S.C. 4015(e)) is amended by strik-
ing ‘‘10 percent’’ and inserting ‘‘20 percent’’. 
(b) PHASE-IN OF RATES FOR CERTAIN PROPERTIES 
IN NEWLY MAPPED AREAS.— 
(1) IN GENERAL.—Section 1308 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4015) is 
amended— 
(A) in subsection (a), in the matter pre-
ceding paragraph (1), by inserting ‘‘or notice’’ 
after ‘‘prescribe by regulation’’; 
(B) in subsection (c), by inserting ‘‘and 
subsection (g)’’ before the first comma; and 
(C) by adding at the end the following new 
subsection: 
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‘‘(g) 5-YEAR PHASE-IN OF FLOOD INSURANCE RATES 
FOR CERTAIN PROPERTIES IN NEWLY MAPPED AREAS.— 
‘‘(1) 50 PERCENT RATE FOR INITIAL YEAR.—Not-
withstanding subsection (c) or any other provision of 
law relating to chargeable risk premium rates for 
flood insurance coverage under this title, in the case 
of any area that was not previously designated as an 
area having special flood hazards and that, pursuant 
to any issuance, revision, updating, or other change 
in flood insurance maps, becomes designated as such 
an area, during the 12-month period that begins, ex-
cept as provided in paragraph (2), upon the date that 
such maps, as issued, revised, updated, or otherwise 
changed, become effective, the chargeable premium 
rate for flood insurance under this title with respect 
to any covered property that is located within such 
area shall be 50 percent of the chargeable risk pre-
mium rate otherwise applicable under this title to the 
property. 
‘‘(2) APPLICABILITY TO PREFERRED RISK RATE 
AREAS.—In the case of any area described in para-
graph (1) that consists of or includes an area that, 
as of date of the effectiveness of the flood insurance 
maps for such area referred to in paragraph (1) as 
so issued, revised, updated, or changed, is eligible for 
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any reason for preferred risk rate method premiums 
for flood insurance coverage and was eligible for such 
premiums as of the enactment of the Flood Insurance 
Reform Act of 2011, the 12-month period referred to 
in paragraph (1) for such area eligible for preferred 
risk rate method premiums shall begin upon the expi-
ration of the period during which such area is eligible 
for such preferred risk rate method premiums. 
‘‘(3) PHASE-IN OF FULL ACTUARIAL RATES.— 
With respect to any area described in paragraph (1), 
upon the expiration of the 12-month period under 
paragraph (1) or (2), as applicable, for such area, the 
Administrator shall increase the chargeable risk pre-
mium rates for flood insurance under this title for 
covered properties in such area by 20 percent, and by 
20 percent upon the expiration of each successive 12- 
month period thereafter until the chargeable risk pre-
mium rates comply with subsection (c). 
‘‘(4) COVERED
PROPERTIES.—For purposes of 
the subsection, the term ‘covered property’ means any 
residential property occupied by its owner or a bona 
fide tenant as a primary residence.’’. 
(2) REGULATION
OR
NOTICE.—The Adminis-
trator of the Federal Emergency Management Agency 
shall issue an interim final rule or notice to imple-
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ment this subsection and the amendments made by 
this subsection as soon as practicable after the date of 
the enactment of this Act. 
(c) PHASE-IN OF ACTUARIAL RATES FOR CERTAIN 
PROPERTIES.— 
(1) IN GENERAL.—Section 1308(c) of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 
4015(c)) is amended— 
(A) by redesignating paragraph (2) as 
paragraph (7); and 
(B) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) COMMERCIAL
PROPERTIES.—Any nonresi-
dential property. 
‘‘(3) SECOND HOMES AND VACATION HOMES.— 
Any residential property that is not the primary resi-
dence of any individual. 
‘‘(4) HOMES SOLD TO NEW OWNERS.—Any single 
family property that— 
‘‘(A) has been constructed or substantially 
improved and for which such construction or im-
provement was started, as determined by the Ad-
ministrator, before December 31, 1974, or before 
the effective date of the initial rate map pub-
lished by the Administrator under paragraph (2) 
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of section 1360(a) for the area in which such 
property is located, whichever is later; and 
‘‘(B) is purchased after the effective date of 
this paragraph, pursuant to section 5(c)(3)(A) of 
the Flood Insurance Reform Act of 2011. 
‘‘(5) HOMES
DAMAGED
OR
IMPROVED.—Any 
property that, on or after the date of the enactment 
of the Flood Insurance Reform Act of 2011, has expe-
rienced or sustained— 
‘‘(A) substantial flood damage exceeding 50 
percent of the fair market value of such property; 
or 
‘‘(B) substantial improvement exceeding 30 
percent of the fair market value of such property. 
‘‘(6) HOMES WITH MULTIPLE CLAIMS.—Any se-
vere repetitive loss property (as such term is defined 
in section 1361A(b)).’’. 
(2) TECHNICAL AMENDMENTS.—Section 1308 of 
the National Flood Insurance Act of 1968 (42 U.S.C. 
4015) is amended— 
(A) in subsection (c)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘the limitations provided 
under paragraphs (1) and (2)’’ and insert-
ing ‘‘subsection (e)’’; and 
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(ii) in paragraph (1), by striking ‘‘, 
except’’ and all that follows through ‘‘sub-
section (e)’’; and 
(B) in subsection (e), by striking ‘‘para-
graph (2) or (3)’’ and inserting ‘‘paragraph 
(7)’’. 
(3) EFFECTIVE DATE AND TRANSITION.— 
(A) EFFECTIVE
DATE.—The amendments 
made by paragraphs (1) and (2) shall apply be-
ginning upon the expiration of the 12-month pe-
riod that begins on the date of the enactment of 
this Act, except as provided in subparagraph (B) 
of this paragraph. 
(B) TRANSITION FOR PROPERTIES COVERED 
BY FLOOD INSURANCE UPON EFFECTIVE DATE.— 
(i) INCREASE OF RATES OVER TIME.— 
In the case of any property described in 
paragraph (2), (3), (4), (5), or (6) of section 
1308(c) of the National Flood Insurance Act 
of 1968, as amended by paragraph (1) of 
this subsection, that, as of the effective date 
under subparagraph (A) of this paragraph, 
is covered under a policy for flood insurance 
made available under the national flood in-
surance program for which the chargeable 
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premium rates are less than the applicable 
estimated risk premium rate under section 
1307(a)(1) of such Act for the area in which 
the property is located, the Administrator of 
the Federal Emergency Management Agency 
shall increase the chargeable premium rates 
for such property over time to such applica-
ble estimated risk premium rate under sec-
tion 1307(a)(1). 
(ii) AMOUNT OF ANNUAL INCREASE.— 
Such increase shall be made by increasing 
the chargeable premium rates for the prop-
erty (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 subparagraph (A) of this paragraph 
and once every 12 months thereafter until 
such increase is accomplished, by 20 percent 
(or such lesser amount as may be necessary 
so that the chargeable rate does not exceed 
such applicable estimated risk premium 
rate or to comply with clause (iii)). 
(iii) PROPERTIES SUBJECT TO PHASE- 
IN AND ANNUAL INCREASES.—In the case of 
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any pre-FIRM property (as such term is 
defined in section 578(b) of the National 
Flood Insurance Reform Act of 1974), the 
aggregate increase, during any 12-month 
period, in the chargeable premium rate for 
the property that is attributable to this sub-
paragraph or to an increase described in 
section 1308(e) of the National Flood Insur-
ance Act of 1968 may not exceed 20 percent. 
(iv) FULL
ACTUARIAL
RATES.—The 
provisions of paragraphs (2), (3), (4), (5), 
and (6) of such section 1308(c) shall apply 
to such a property upon the accomplishment 
of the increase under this subparagraph and 
thereafter. 
(d) PROHIBITION
OF EXTENSION
OF SUBSIDIZED 
RATES TO LAPSED POLICIES.—Section 1308 of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 4015), as 
amended by the preceding provisions of this Act, is further 
amended— 
(1) in subsection (e), by inserting ‘‘or subsection 
(h)’’ after ‘‘subsection (c)’’; 
(2) by adding at the end the following new sub-
section: 
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‘‘(h) PROHIBITION
OF EXTENSION
OF SUBSIDIZED 
RATES TO LAPSED POLICIES.—Notwithstanding any other 
provision of law relating to chargeable risk premium rates 
for flood insurance coverage under this title, the Adminis-
trator shall not provide flood insurance coverage under this 
title for any property for which a policy for such coverage 
for the property has previously lapsed in coverage as a re-
sult of the deliberate choice of the holder of such policy, at 
a rate less than the applicable estimated risk premium rates 
for the area (or subdivision thereof) in which such property 
is located.’’. 
(e) RECOGNITION OF STATE AND LOCAL FUNDING FOR 
CONSTRUCTION, RECONSTRUCTION, AND IMPROVEMENT OF 
FLOOD PROTECTION SYSTEMS
IN DETERMINATION
OF 
RATES.— 
(1) IN GENERAL.—Section 1307 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4014) is 
amended— 
(A) in subsection (e)— 
(i) in the first sentence, by striking 
‘‘construction of a flood protection system’’ 
and inserting ‘‘construction, reconstruction, 
or improvement of a flood protection system 
(without respect to the level of Federal in-
vestment or participation)’’; and 
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(ii) in the second sentence— 
(I) by striking ‘‘construction of a 
flood protection system’’ and inserting 
‘‘construction, reconstruction, or im-
provement of a flood protection sys-
tem’’; and 
(II) by inserting ‘‘based on the 
present value of the completed system’’ 
after ‘‘has been expended’’; and 
(B) in subsection (f)— 
(i) in the first sentence in the matter 
preceding paragraph (1), by inserting 
‘‘(without respect to the level of Federal in-
vestment or participation)’’ before the pe-
riod at the end; 
(ii) in the third sentence in the matter 
preceding paragraph (1), by inserting ‘‘, 
whether coastal or riverine,’’ after ‘‘special 
flood hazard’’; and 
(iii) in paragraph (1), by striking ‘‘a 
Federal agency in consultation with the 
local project sponsor’’ and inserting ‘‘the en-
tity or entities that own, operate, maintain, 
or repair such system’’. 
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(2) REGULATIONS.—The Administrator of the 
Federal Emergency Management Agency shall pro-
mulgate regulations to implement this subsection and 
the amendments made by this subsection as soon as 
practicable, but not more than 18 months after the 
date of the enactment of this Act. Paragraph (3) may 
not be construed to annul, alter, affect, authorize any 
waiver of, or establish any exception to, the require-
ment under the preceding sentence. 
SEC. 6. TECHNICAL MAPPING ADVISORY COUNCIL. 
(a) ESTABLISHMENT.—There is established a council 
to be known as the Technical Mapping Advisory Council 
(in this section referred to as the ‘‘Council’’). 
(b) MEMBERSHIP.— 
(1) IN GENERAL.—The Council shall consist of— 
(A) the Administrator of the Federal Emer-
gency Management Agency (in this section re-
ferred to as the ‘‘Administrator’’), or the designee 
thereof; 
(B) the Director of the United States Geo-
logical Survey of the Department of the Interior, 
or the designee thereof; 
(C) the Under Secretary of Commerce for 
Oceans and Atmosphere, or the designee thereof; 
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(D) the commanding officer of the United 
States Army Corps of Engineers, or the designee 
thereof; 
(E) the chief of the Natural Resources Con-
servation Service of the Department of Agri-
culture, or the designee thereof; 
(F) the Director of the United States Fish 
and Wildlife Service of the Department of the In-
terior, or the designee thereof; 
(G) the Assistant Administrator for Fish-
eries of the National Oceanic and Atmospheric 
Administration of the Department of Commerce, 
or the designee thereof; and 
(H) 14 additional members to be appointed 
by the Administrator of the Federal Emergency 
Management Agency, who shall be— 
(i) an expert in data management; 
(ii) an expert in real estate; 
(iii) an expert in insurance; 
(iv) a member of a recognized regional 
flood and storm water management organi-
zation; 
(v) a representative of a State emer-
gency management agency or association or 
organization for such agencies; 
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(vi) a member of a recognized profes-
sional surveying association or organiza-
tion; 
(vii) a member of a recognized profes-
sional mapping association or organization; 
(viii) a member of a recognized profes-
sional engineering association or organiza-
tion; 
(ix) a member of a recognized profes-
sional association or organization rep-
resenting flood hazard determination firms; 
(x) a representative of State national 
flood insurance coordination offices; 
(xi) representatives of two local govern-
ments, at least one of whom is a local levee 
flood manager or executive, designated by 
the Federal Emergency Management Agency 
as Cooperating Technical Partners; and 
(xii) representatives of two State gov-
ernments designated by the Federal Emer-
gency Management Agency as Cooperating 
Technical States. 
(2) QUALIFICATIONS.—Members of the Council 
shall be appointed based on their demonstrated knowl-
edge and competence regarding surveying, cartog-
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raphy, remote sensing, geographic information sys-
tems, or the technical aspects of preparing and using 
flood insurance rate maps. In appointing members 
under paragraph (1)(I), the Administrator shall en-
sure that the membership of the Council has a balance 
of Federal, State, local, and private members. 
(c) DUTIES.— 
(1) NEW MAPPING STANDARDS.—Not later than 
the expiration of the 12-month period beginning upon 
the date of the enactment of this Act, the Council shall 
develop and submit to the Administrator and the 
Congress proposed new mapping standards for 100- 
year flood insurance rate maps used under the na-
tional flood insurance program under the National 
Flood Insurance Act of 1968. In developing such pro-
posed standards the Council shall— 
(A) ensure that the flood insurance rate 
maps reflect true risk, including graduated risk 
that better reflects the financial risk to each 
property; such reflection of risk should be at the 
smallest geographic level possible (but not nec-
essarily property-by-property) to ensure that 
communities are mapped in a manner that takes 
into consideration different risk levels within the 
community; 
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(B) ensure the most efficient generation, 
display, and distribution of flood risk data, mod-
els, and maps where practicable through dy-
namic digital environments using spatial data-
base technology and the Internet; 
(C) ensure that flood insurance rate maps 
reflect current hydrologic and hydraulic data, 
current land use, and topography, incorporating 
the most current and accurate ground and bath-
ymetric elevation data; 
(D) determine the best ways to include in 
such flood insurance rate maps levees, decertified 
levees, and areas located below dams, including 
determining a methodology for ensuring that de-
certified levees and other protections are included 
in flood insurance rate maps and their cor-
responding flood zones reflect the level of protec-
tion conferred; 
(E) consider how to incorporate restored 
wetlands and other natural buffers into flood in-
surance rate maps, which may include wetlands, 
groundwater recharge areas, erosion zones, mean-
der belts, endangered species habitat, barrier is-
lands and shoreline buffer features, riparian for-
ests, and other features; 
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(F) consider whether to use vertical posi-
tioning (as defined by the Administrator) for 
flood insurance rate maps; 
(G) ensure that flood insurance rate maps 
differentiate between a property that is located 
in a flood zone and a structure located on such 
property that is not at the same risk level for 
flooding as such property due to the elevation of 
the structure; 
(H) ensure that flood insurance rate maps 
take into consideration the best scientific data 
and potential future conditions (including pro-
jections for sea level rise); and 
(I) consider how to incorporate the new 
standards proposed pursuant to this paragraph 
in existing mapping efforts. 
(2) ONGOING DUTIES.—The Council shall, on an 
ongoing basis, review the mapping protocols developed 
pursuant to paragraph (1), and make recommenda-
tions to the Administrator when the Council deter-
mines that mapping protocols should be altered. 
(3) MEETINGS.—In carrying out its duties under 
this section, the Council shall consult with stake-
holders through at least 4 public meetings annually, 
and shall seek input of all stakeholder interests in-
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cluding State and local representatives, environ-
mental and conservation organizations, insurance in-
dustry representatives, advocacy groups, planning or-
ganizations, and mapping organizations. 
(d) PROHIBITION ON COMPENSATION.—Members of the 
Council shall receive no additional compensation by reason 
of their service on the Council. 
(e) CHAIRPERSON.—The Administrator shall serve as 
the Chairperson of the Council. 
(f) STAFF.— 
(1) FEMA.—Upon the request of the Council, the 
Administrator may detail, on a nonreimbursable 
basis, personnel of the Federal Emergency Manage-
ment Agency to assist the Council in carrying out its 
duties. 
(2) OTHER FEDERAL AGENCIES.—Upon request 
of the Council, any other Federal agency that is a 
member of the Council may detail, on a non-reim-
bursable basis, personnel to assist the Council in car-
rying out its duties. 
(g) POWERS.—In carrying out this section, the Coun-
cil may hold hearings, receive evidence and assistance, pro-
vide information, and conduct research, as the Council con-
siders appropriate. 
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(h) TERMINATION.—The Council shall terminate upon 
the expiration of the 5-year period beginning on the date 
of the enactment of this Act. 
SEC. 7. FEMA INCORPORATION OF NEW MAPPING PROTO-
COLS. 
(a) NEW RATE MAPPING STANDARDS.—Not later than 
the expiration of the 6-month period beginning upon sub-
mission by the Technical Mapping Advisory Council under 
section 6 of the proposed new mapping standards for flood 
insurance rate maps used under the national flood insur-
ance program developed by the Council pursuant to section 
6(c), the Administrator of the Federal Emergency Manage-
ment Agency (in this section referred to as the ‘‘Adminis-
trator’’) shall establish new standards for such rate maps 
based on such proposed new standards and the rec-
ommendations of the Council. 
(b) REQUIREMENTS.—The new standards for flood in-
surance rate maps established by the Administrator pursu-
ant to subsection (a) shall— 
(1) delineate and include in any such rate 
maps— 
(A) all areas located within the 100-year 
flood plain; 
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