II 
Calendar No. 317 
113TH CONGRESS 
2D SESSION 
H. R. 3370 
IN THE SENATE OF THE UNITED STATES 
MARCH 5, 2014 
Received; read the first time 
MARCH 6, 2014 
Read the second time and placed on the calendar 
AN ACT 
To delay the implementation of certain provisions of the 
Biggert-Waters Flood Insurance Reform Act of 2012, 
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 
‘‘Homeowner Flood Insurance Affordability Act of 2014’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Definitions. 
Sec. 3. Repeal of certain rate increases. 
Sec. 4. Restoration of grandfathered rates. 
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Sec. 5. Requirements regarding annual rate increases. 
Sec. 6. Clarification of rates for properties newly mapped into areas with spe-
cial flood hazards. 
Sec. 7. Premiums and reports. 
Sec. 8. Annual premium surcharge. 
Sec. 9. Draft affordability framework. 
Sec. 10. Risk transfer. 
Sec. 11. Monthly installment payment for premiums. 
Sec. 12. Optional high-deductible policies for residential properties. 
Sec. 13. Exclusion of detached structures from mandatory purchase require-
ment. 
Sec. 14. Accounting for flood mitigation activities in estimates of premium 
rates. 
Sec. 15. Home improvement fairness. 
Sec. 16. Affordability study and report. 
Sec. 17. Flood insurance rate map certification. 
Sec. 18. Funds to reimburse homeowners for successful map appeals. 
Sec. 19. Flood protection systems. 
Sec. 20. Quarterly reports regarding Reserve Fund ratio. 
Sec. 21. Treatment of floodproofed residential basements. 
Sec. 22. Exemption from fees for certain map change requests. 
Sec. 23. Study of voluntary community-based flood insurance options. 
Sec. 24. Designation of flood insurance advocate. 
Sec. 25. Exceptions to escrow requirement for flood insurance payments. 
Sec. 26. Flood mitigation methods for buildings. 
Sec. 27. Mapping of non-structural flood mitigation features. 
Sec. 28. Clear communications. 
Sec. 29. Protection of small businesses, non-profits, houses of worship, and 
residences. 
Sec. 30. Mapping. 
Sec. 31. Disclosure. 
SEC. 2. DEFINITIONS. 
For purposes of this title, the following definitions 
shall apply: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal 
Emergency Management Agency. 
(2) NATIONAL FLOOD INSURANCE PROGRAM.— 
The term ‘‘National Flood Insurance Program’’ 
means the program established under the National 
Flood Insurance Act of 1968 (42 U.S.C. 4001 et 
seq.). 
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SEC. 3. REPEAL OF CERTAIN RATE INCREASES. 
(a) REPEAL.— 
(1) IN GENERAL.—Section 1307(g) of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 
4014(g)) is amended— 
(A) by striking paragraphs (1) and (2); 
(B) in paragraph (3), by striking ‘‘as a re-
sult of the deliberate choice of the holder of 
such policy’’ and inserting ‘‘, unless the decision 
of the policy holder to permit a lapse in flood 
insurance coverage was as a result of the prop-
erty covered by the policy no longer being re-
quired to retain such coverage’’; and 
(C) by redesignating paragraphs (3) and 
(4) as paragraphs (1) and (2), respectively. 
(2) EFFECTIVE
DATE.—The Administrator 
shall make available such rate tables, as necessary to 
implement the amendments made by paragraph (1) 
as if it were enacted as part of the Biggert-Waters 
Flood Insurance Reform Act of 2012 (Public Law 
112–141; 126 Stat. 957). 
(3) IMPLEMENTATION, 
COORDINATION, 
AND 
GUIDANCE.— 
(A) FACILITATION OF TIMELY REFUNDS.— 
To ensure the participation of Write Your Own 
companies (as such term is defined in section 
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100202(a) of the Biggert-Waters Flood Insur-
ance Reform Act of 2012 (42 U.S.C. 4004(a)), 
the Administrator and the Federal Emergency 
Management Agency shall consult with Write 
Your Own companies throughout the develop-
ment of guidance and rate tables necessary to 
implement the provisions of and the amend-
ments made by this Act. 
(B) IMPLEMENTATION AND GUIDANCE.— 
The Administrator shall issue final guidance 
and rate tables necessary to implement the pro-
visions of and the amendments made by this 
Act not later than eight months following the 
date of the enactment of this Act. Write Your 
Own companies, in coordination with the Fed-
eral Emergency Management Agency, shall 
have not less than six months but not more 
than eight months following the issuance of 
such final guidance and rate tables to imple-
ment the changes required by such final guid-
ance and rate tables. 
(4) REFUND
OF
EXCESS
PREMIUM
CHARGES 
COLLECTED.—The Administrator shall refund di-
rectly to insureds any premiums for flood insurance 
coverage under the National Flood Insurance Pro-
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gram collected in excess of the rates required under 
the provisions of and amendments made by this sec-
tion. To allow for necessary and appropriate imple-
mentation of such provisions and amendments, any 
premium changes necessary to implement such pro-
visions and amendments, including any such pre-
mium refund due to policy holders, which shall be 
paid directly by the National Flood Insurance Pro-
gram, shall not be charged or paid to policyholders 
by the National Flood Insurance Program until after 
the Administrator issues guidance and makes avail-
able such rate tables to implement the provisions of 
and amendments made by this Act. 
(b) ASSUMPTION OF POLICIES AT EXISTING PRE-
MIUM RATES.—The Administrator shall provide that the 
purchaser of a property that, as of the date of such pur-
chase, is covered under an existing flood insurance policy 
under this title may assume such existing policy and cov-
erage for the remainder of the term of the policy at the 
chargeable premium rates under such existing policy. Such 
rates shall continue with respect to such property until 
the implementation of subsection (a). 
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SEC. 4. RESTORATION OF GRANDFATHERED RATES. 
(a) IN GENERAL.—Section 1308 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4015) is amend-
ed— 
(1) by striking subsection (h); and 
(2) by redesignating subsection (i) as subsection 
(h). 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect as if enacted as part of 
the Biggert-Waters Flood Insurance Reform Act of 2012 
(Public Law 112–141; 126 Stat. 957). 
SEC. 5. REQUIREMENTS REGARDING ANNUAL RATE IN-
CREASES. 
Section 1308(e) of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4015(e)) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘, the chargeable risk premium rates for 
flood insurance under this title for any properties’’; 
(2) in paragraph (1), by inserting ‘‘the charge-
able risk premium rates for flood insurance under 
this title for any properties’’ before ‘‘within any’’; 
(3) in paragraph (2), by inserting ‘‘the charge-
able risk premium rates for flood insurance under 
this title for any properties’’ before ‘‘described in’’; 
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(4) by redesignating paragraphs (1) and (2), as 
so amended, as paragraphs (3) and (4), respectively; 
and 
(5) by inserting before paragraph (3), as so re-
designated, the following new paragraphs: 
‘‘(1) the chargeable risk premium rate for flood 
insurance under this title for any property may not 
be increased by more than 18 percent each year, ex-
cept— 
‘‘(A) as provided in paragraph (4); 
‘‘(B) in the case of property identified 
under section 1307(g); or 
‘‘(C) in the case of a property that— 
‘‘(i) is located in a community that 
has experienced a rating downgrade under 
the community rating system program car-
ried out under section 1315(b); 
‘‘(ii) is covered by a policy with re-
spect to which the policyholder has— 
‘‘(I) decreased the amount of the 
deductible; or 
‘‘(II) increased the amount of 
coverage; or 
‘‘(iii) was misrated; 
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‘‘(2) the chargeable risk premium rates for 
flood insurance under this title for any properties 
initially rated under section 1307(a)(2) within any 
single risk classification, excluding properties for 
which the chargeable risk premium rate is not less 
than the applicable estimated risk premium rate 
under section 1307(a)(1), shall be increased by an 
amount that results in an average of such rate in-
creases for properties within the risk classification 
during any 12-month period of not less than 5 per-
cent of the average of the risk premium rates for 
such properties within the risk classification upon 
the commencement of such 12-month period;’’; 
(6) in paragraph (3) (as so redesignated by 
paragraph (4) of this section), by striking ‘‘20 per-
cent’’ and inserting ‘‘15 percent’’; and 
(7) in paragraph (4) (as so redesignated) by 
paragraph (4) of this section), by striking ‘‘para-
graph (1)’’ and inserting ‘‘paragraph (3)’’. 
SEC. 6. CLARIFICATION OF RATES FOR PROPERTIES 
NEWLY MAPPED INTO AREAS WITH SPECIAL 
FLOOD HAZARDS. 
Section 1308 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4015), as amended by the preceding pro-
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visions of this Act, is further amended by adding at the 
end the following new subsection: 
‘‘(i) RATES FOR PROPERTIES NEWLY MAPPED INTO 
AREAS
WITH
SPECIAL
FLOOD
HAZARDS.—Notwith-
standing subsection (f), the premium rate for flood insur-
ance under this title that is purchased on or after the date 
of the enactment of this subsection— 
‘‘(1) on a property located in an area not pre-
viously designated as having special flood hazards 
and that, pursuant to any issuance, revision, updat-
ing, or other change in a flood insurance map, be-
comes designated as such an area; and 
‘‘(2) where such flood insurance premium rate 
is calculated under subsection (a)(1) of section 1307 
(42 U.S.C. 4014(a)(1)), 
shall for the first policy year be the preferred risk pre-
mium for the property and upon renewal shall be cal-
culated in accordance with subsection (e) of this section 
until the rate reaches the rate calculated under subsection 
(a)(1) of section 1307.’’. 
SEC. 7. PREMIUMS AND REPORTS. 
Section 1308 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4015), as amended by the preceding pro-
visions of this Act, is further amended by adding at the 
end the following new subsection: 
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‘‘(j) PREMIUMS AND REPORTS.—In setting premium 
risk rates, in addition to striving to achieve the objectives 
of this title the Administrator shall also strive to minimize 
the number of policies with annual premiums that exceed 
one percent of the total coverage provided by the policy. 
For any policies premiums that exceed this one percent 
threshold, the Administrator shall report such exceptions 
to the Committee on Financial Services of the House of 
Representatives and the Committee on Banking, Housing, 
and Urban Affairs of the Senate.’’. 
SEC. 8. ANNUAL PREMIUM SURCHARGE. 
(a) PREMIUM SURCHARGE.—Chapter I of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 4011 et 
seq.) is amended by inserting after section 1308 the fol-
lowing new section: 
‘‘SEC. 1308A. PREMIUM SURCHARGE. 
‘‘(a) IMPOSITION AND COLLECTION.—The Adminis-
trator shall impose and collect an annual surcharge, in the 
amount provided in subsection (b), on all policies for flood 
insurance coverage under the National Flood Insurance 
Program that are newly issued or renewed after the date 
of the enactment of this section. Such surcharge shall be 
in addition to the surcharge under section 1304(b) and 
any other assessments and surcharges applied to such cov-
erage. 
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‘‘(b) AMOUNT.—The amount of the surcharge under 
subsection (a) shall be— 
‘‘(1) $25, except as provided in paragraph (2); 
and 
‘‘(2) $250, in the case of a policy for any prop-
erty that is— 
‘‘(A) a non-residential property; or 
‘‘(B) a residential property that is not the 
primary residence of an individual. 
‘‘(c) TERMINATION.—Subsections (a) and (b) shall 
cease to apply on the date on which the chargeable risk 
premium rate for flood insurance under this title for each 
property covered by flood insurance under this title, other 
than properties for which premiums are calculated under 
subsection (e) or (f) of section 1307 or section 1336 of 
this Act (42 U.S.C. 4014, 4056) or under section 100230 
of the Biggert-Waters Flood Insurance Reform Act of 
2012 (42 U.S.C. 4014 note), is not less than the applica-
ble estimated risk premium rate under section 1307(a)(1) 
for such property.’’. 
(b) DEPOSIT IN RESERVE FUND.—Subsection (c) of 
section 1310A of the National Flood Insurance Act of 
1968 (42 U.S.C. 4017a) is amended by adding at the end 
the following new paragraph: 
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‘‘(4) DEPOSIT OF PREMIUM SURCHARGES.—The 
Administrator shall deposit in the Reserve Fund any 
surcharges collected pursuant to section 1308A.’’. 
SEC. 9. DRAFT AFFORDABILITY FRAMEWORK. 
(a) IN GENERAL.—The Administrator shall prepare 
a draft affordability framework that proposes to address, 
via programmatic and regulatory changes, the issues of 
affordability of flood insurance sold under the National 
Flood Insurance Program, including issues identified in 
the affordability study required under section 100236 of 
the Bigger-Waters Flood Insurance Reform Act of 2012 
(Public Law 112–141; 126 Stat. 957). 
(b) CRITERIA.—In carrying out the requirements 
under subsection (a), the Administrator shall consider the 
following criteria: 
(1) Accurate communication to consumers of 
the flood risk associated with their properties. 
(2) Targeted assistance to flood insurance pol-
icy holders based on their financial ability to con-
tinue to participate in the National Flood Insurance 
Program. 
(3) Individual or community actions to mitigate 
the risk of flood or lower the cost of flood insurance. 
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(4) The impact of increases in risk premium 
rates on participation in the National Flood Insur-
ance Program. 
(5) The impact flood insurance rate map up-
dates have on the affordability of flood insurance. 
(c) DEADLINE FOR SUBMISSION.—Not later than 18 
months after the date on which the Administrator submits 
the affordability study referred to in subsection (a), the 
Administrator shall submit to the full Committee on 
Banking, Housing, and Urban Affairs and the full Com-
mittee on Appropriations of the Senate and the full Com-
mittee on Financial Services and the full Committee on 
Appropriations of the House of Representatives the draft 
affordability framework required under subsection (a). 
(d) INTERAGENCY
AGREEMENTS.—The Adminis-
trator may enter into an agreement with another Federal 
agency to— 
(1) complete the affordability study referred to 
in subsection (a); or 
(2) prepare the draft affordability framework 
required under subsection (a). 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to provide the Administrator with 
the authority to provide assistance to homeowners based 
on affordability that was not available prior to the enact-
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ment of the Biggert-Waters Flood Insurance Reform Act 
of 2012 (Public Law 112–141; 126 Stat. 916). 
SEC. 10. RISK TRANSFER. 
Section 1345 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4081) is amended by adding at the end 
the following new subsection: 
‘‘(e) RISK TRANSFER.—The Administrator may se-
cure reinsurance of coverage provided by the flood insur-
ance program from the private reinsurance and capital 
markets at rates and on terms determined by the Adminis-
trator to be reasonable and appropriate, in an amount suf-
ficient to maintain the ability of the program to pay 
claims.’’. 
SEC. 11. MONTHLY INSTALLMENT PAYMENT FOR PRE-
MIUMS. 
(a) IN GENERAL.—Subsection (g) of section 1308 of 
the National Flood Insurance Act of 1968 (42 U.S.C. 
4015(g)) is amended by striking ‘‘either annually or in 
more frequent installments’’ and inserting ‘‘annually or 
monthly’’. 
(b) IMPLEMENTATION.—The Administrator shall im-
plement the requirement under section 1308(g) of the Na-
tional Flood Insurance Act of 1968, as amended by sub-
section (a), not later than the expiration of the 18-month 
period beginning on the date of the enactment of this Act. 
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SEC. 12. OPTIONAL HIGH-DEDUCTIBLE POLICIES FOR RESI-
DENTIAL PROPERTIES. 
Section 1306 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4013)), as amended by the preceding 
provisions of this Act, is further amended by adding at 
the end the following new subsection: 
‘‘(e) OPTIONAL HIGH-DEDUCTIBLE POLICIES FOR 
RESIDENTIAL PROPERTIES.— 
‘‘(1) AVAILABILITY.—In the case of residential 
properties, the Administrator shall make flood insur-
ance coverage available, at the option of the insured, 
that provides for a loss-deductible for damage to the 
covered property in various amounts, up to and in-
cluding $10,000. 
‘‘(2) DISCLOSURE.— 
‘‘(A) FORM.—The Administrator shall pro-
vide the information described in subparagraph 
(B) clearly and conspicuously on the application 
form for flood insurance coverage or on a sepa-
rate form, segregated from all unrelated infor-
mation and other required disclosures. 
‘‘(B) INFORMATION.—The information de-
scribed in this subparagraph is— 
‘‘(i) information sufficient to inform 
the applicant of the availability of the cov-
erage option required by paragraph (1) to 
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applicants for flood insurance coverage; 
and 
‘‘(ii) a statement explaining the effect 
of a loss-deductible and that, in the event 
of an insured loss, the insured is respon-
sible out-of-pocket for losses to the extent 
of the deductible selected.’’. 
SEC. 13. EXCLUSION OF DETACHED STRUCTURES FROM 
MANDATORY PURCHASE REQUIREMENT. 
(a) EXCLUSION.—Subsection (c) of section 102 of the 
Flood Disaster Protection Act of 1973 (42 U.S.C. 
4012a(c)) is amended by adding at the end the following 
new paragraph: 
‘‘(3) 
DETACHED
STRUCTURES.—Notwith-
standing any other provision of this section, flood in-
surance shall not be required, in the case of any res-
idential property, for any structure that is a part of 
such property but is detached from the primary resi-
dential structure of such property and does not serve 
as a residence.’’. 
(b) RESPA STATEMENT.—Section 5(b) of the Real 
Estate Settlement Procedures Act of 1974 (12 U.S.C. 
2604(b)) is amended— 
(1) in paragraph (14), by inserting before the 
period at the end the following: ‘‘, and the following 
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statement: ‘Although you may not be required to 
maintain flood insurance on all structures, you may 
still wish to do so, and your mortgage lender may 
still require you to do so to protect the collateral se-
curing the mortgage. If you choose to not maintain 
flood insurance on a structure, and it floods, you are 
responsible for all flood losses relating to that struc-
ture.’ ’’; and 
(2) by transferring and inserting paragraph 
(14), as so amended, after paragraph (13). 
SEC. 14. ACCOUNTING FOR FLOOD MITIGATION ACTIVITIES 
IN ESTIMATES OF PREMIUM RATES. 
Subparagraph (A) of section 1307(a)(1) of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 
4014(a)(1)(A)) is amended to read as follows: 
‘‘(A) based on consideration of— 
‘‘(i) the risk involved and accepted ac-
tuarial principles; and 
‘‘(ii) the flood mitigation activities 
that an owner or lessee has undertaken on 
a property, including differences in the risk 
involved 
due 
to 
land 
use 
measures, 
floodproofing, flood forecasting, and simi-
lar measures,’’. 
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SEC. 15. HOME IMPROVEMENT FAIRNESS. 
Section 1307(a)(2)(E)(ii) of the National Flood In-
surance Act of 1968 (42 U.S.C. 4014(a)(2)(E)(ii)) is 
amended by striking ‘‘30 percent’’ and inserting ‘‘50 per-
cent’’. 
SEC. 16. AFFORDABILITY STUDY AND REPORT. 
(a) STUDY
ISSUES.—Subsection (a) of section 
100236 of the Biggert-Waters Flood Insurance Reform 
Act of 2012 (Public Law 112–141; 126 Stat. 957) is 
amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(5) options for maintaining affordability if an-
nual premiums for flood insurance coverage were to 
increase to an amount greater than 2 percent of the 
liability coverage amount under the policy, including 
options for enhanced mitigation assistance and 
means-tested assistance; 
‘‘(6) the effects that the establishment of catas-
trophe savings accounts would have regarding long- 
term affordability of flood insurance coverage; and 
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‘‘(7) options for modifying the surcharge under 
1308A, including based on homeowner income, prop-
erty value or risk of loss.’’. 
(b) TIMING OF SUBMISSION.—Notwithstanding the 
deadline under section 100236(c) of the Biggert-Waters 
Flood Insurance Reform Act of 2012 (Public Law 112– 
141; 126 Stat. 957), not later than 18 months after the 
date of enactment of this Act, the Administrator shall sub-
mit to the full Committee on Banking, Housing, and 
Urban Affairs and the full Committee on Appropriations 
of the Senate and the full Committee on Financial Serv-
ices and the full Committee on Appropriations of the 
House of Representatives the affordability study and re-
port required under such section 100236. 
(c) AFFORDABILITY
STUDY
FUNDING.—Section 
100236(d) of the Biggert-Waters Flood Insurance Reform 
Act of 2012 (Public Law 112–141; 126 Stat. 957) is 
amended 
by 
striking 
‘‘$750,000’’ 
and 
inserting 
‘‘$2,500,000’’. 
SEC. 17. FLOOD INSURANCE RATE MAP CERTIFICATION. 
The Administrator shall implement a flood mapping 
program for the National Flood Insurance Program, only 
after review by the Technical Mapping Advisory Council, 
that, when applied, results in technically credible flood 
hazard data in all areas where Flood Insurance Rate Maps 
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are prepared or updated, shall certify in writing to the 
Congress when such a program has been implemented, 
and shall provide to the Congress the Technical Mapping 
Advisory Council review report. 
SEC. 18. FUNDS TO REIMBURSE HOMEOWNERS FOR SUC-
CESSFUL MAP APPEALS. 
(a) IN GENERAL.—Section 1363(f) of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4104(f)) is 
amended— 
(1) in the first sentence, by inserting after ‘‘as 
the case may be,’’ the following: ‘‘or, in the case of 
an appeal that is resolved by submission of con-
flicting data to the Scientific Resolution Panel pro-
vided for in section 1363A, the community,’’; and 
(2) by striking the second sentence and insert-
ing the following: ‘‘The Administrator may use such 
amounts from the National Flood Insurance Fund 
established under section 1310 as may be necessary 
to carry out this subsection.’’. 
(b) CONFORMING AMENDMENTS.—Section 1310(a) 
of the National Flood Insurance Act of 1968 (42 U.S.C. 
4017(a)) is amended— 
(1) in paragraph (6), by striking ‘‘and’’ at the 
end; 
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(2) in paragraph (7), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(8) for carrying out section 1363(f).’’. 
SEC. 19. FLOOD PROTECTION SYSTEMS. 
(a) ADEQUATE PROGRESS
ON CONSTRUCTION
OF 
FLOOD PROTECTION SYSTEMS.—Section 1307(e) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 
4014(e)) is amended— 
(1) in the first sentence, by inserting ‘‘or recon-
struction’’ after ‘‘construction’’; 
(2) by amending the second sentence to read as 
follows: ‘‘The Administrator shall find that adequate 
progress on the construction or reconstruction of a 
flood protection system, based on the present value 
of the completed flood protection system, has been 
made only if: (1) 100 percent of the cost of the sys-
tem has been authorized; (2) at least 60 percent of 
the cost of the system has been appropriated; (3) at 
least 50 percent of the cost of the system has been 
expended; and (4) the system is at least 50 percent 
completed.’’; and 
(3) by adding at the end the following: ‘‘Not-
withstanding any other provision of law, in deter-
mining whether a community has made adequate 
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progress on the construction, reconstruction, or im-
provement of a flood protection system, the Adminis-
trator shall consider all sources of funding, including 
Federal, State, and local funds.’’. 
(b) 
COMMUNITIES
RESTORING
DISACCREDITED 
FLOOD PROTECTION SYSTEMS.—Section 1307(f) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 
4014(f)) is amended by amending the first sentence to 
read as follows: ‘‘Notwithstanding any other provision of 
law, this subsection shall apply to riverine and coastal lev-
ees that are located in a community which has been deter-
mined by the Administrator of the Federal Emergency 
Management Agency to be in the process of restoring flood 
protection afforded by a flood protection system that had 
been previously accredited on a Flood Insurance Rate Map 
as providing 100-year frequency flood protection but no 
longer does so, and shall apply without regard to the level 
of Federal funding of or participation in the construction, 
reconstruction, or improvement of the flood protection sys-
tem.’’. 
SEC. 20. QUARTERLY REPORTS REGARDING RESERVE 
FUND RATIO. 
Subsection (e) of section 1310A of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4017a) is amend-
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ed, in the matter preceding paragraph (1), by inserting 
‘‘, on a calendar quarterly basis,’’ after ‘‘submit’’. 
SEC. 21. TREATMENT OF FLOODPROOFED RESIDENTIAL 
BASEMENTS. 
The Administrator shall continue to extend excep-
tions and variances for flood-proofed basements consistent 
with section 60.6 of title 44, Code of Federal Regulations, 
which are effective April 3, 2009; and section 60.3 of such 
title, which are effective April 3, 2009. 
SEC. 22. EXEMPTION FROM FEES FOR CERTAIN MAP 
CHANGE REQUESTS. 
Notwithstanding any other provision of law, a re-
quester shall be exempt from submitting a review or proc-
essing fee for a request for a flood insurance rate map 
change based on a habitat restoration project that is fund-
ed in whole or in part with Federal or State funds, includ-
ing dam removal, culvert redesign or installation, or the 
installation of fish passage. 
SEC. 23. STUDY OF VOLUNTARY COMMUNITY-BASED FLOOD 
INSURANCE OPTIONS. 
(a) STUDY.— 
(1) STUDY
REQUIRED.—The Administrator 
shall conduct a study to assess options, methods, 
and strategies for making available voluntary com-
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munity-based flood insurance policies through the 
National Flood Insurance Program. 
(2) CONSIDERATIONS.—The study conducted 
under paragraph (1) shall— 
(A) take into consideration and analyze 
how voluntary community-based flood insurance 
policies— 
(i) would affect communities having 
varying economic bases, geographic loca-
tions, flood hazard characteristics or classi-
fications, 
and 
flood 
management 
ap-
proaches; and 
(ii) could satisfy the applicable re-
quirements under section 102 of the Flood 
Disaster Protection Act of 1973 (42 
U.S.C. 4012a); and 
(B) evaluate the advisability of making 
available voluntary community-based flood in-
surance policies to communities, subdivisions of 
communities, and areas of residual risk. 
(3) CONSULTATION.—In conducting the study 
required under paragraph (1), the Administrator 
may consult with the Comptroller General of the 
United States, as the Administrator determines is 
appropriate. 
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(b) REPORT BY THE ADMINISTRATOR.— 
(1) REPORT
REQUIRED.—Not later than 18 
months after the date of enactment of this Act, the 
Administrator shall submit to the Committee on 
Banking, Housing, and Urban Affairs of the Senate 
and the Committee on Financial Services of the 
House of Representatives a report that contains the 
results and conclusions of the study conducted under 
subsection (a). 
(2) CONTENTS.—The report submitted under 
paragraph (1) shall include recommendations for— 
(A) the best manner to incorporate vol-
untary community-based flood insurance poli-
cies into the National Flood Insurance Pro-
gram; and 
(B) a strategy to implement voluntary 
community-based flood insurance policies that 
would encourage communities to undertake 
flood mitigation activities, including the con-
struction, reconstruction, or improvement of 
levees, dams, or other flood control structures. 
(c) REPORT BY COMPTROLLER GENERAL.—Not later 
than 6 months after the date on which the Administrator 
submits the report required under subsection (b), the 
Comptroller General of the United States shall— 
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(1) review the report submitted by the Adminis-
trator; and 
(2) submit to the Committee on Banking, 
Housing, and Urban Affairs of the Senate and the 
Committee on Financial Services of the House of 
Representatives a report that contains— 
(A) an analysis of the report submitted by 
the Administrator; 
(B) any comments or recommendations of 
the Comptroller General relating to the report 
submitted by the Administrator; and 
(C) any other recommendations of the 
Comptroller General relating to community- 
based flood insurance policies. 
SEC. 24. DESIGNATION OF FLOOD INSURANCE ADVOCATE. 
(a) IN GENERAL.—The Administrator shall designate 
a Flood Insurance Advocate to advocate for the fair treat-
ment of policy holders under the National Flood Insurance 
Program and property owners in the mapping of flood 
hazards, the identification of risks from flood, and the im-
plementation of measures to minimize the risk of flood. 
(b) DUTIES
AND RESPONSIBILITIES.—The duties 
and responsibilities of the Flood Insurance Advocate des-
ignated under subsection (a) shall be to— 
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(1) educate property owners and policyholders 
under the National Flood Insurance Program on— 
(A) individual flood risks; 
(B) flood mitigation; 
(C) measures to reduce flood insurance 
rates through effective mitigation; 
(D) the flood insurance rate map review 
and amendment process; and 
(E) any changes in the flood insurance 
program as a result of any newly enacted laws 
(including this Act); 
(2) assist policy holders under the National 
Flood Insurance Program and property owners to 
understand the procedural requirements related to 
appealing preliminary flood insurance rate maps and 
implementing measures to mitigate evolving flood 
risks; 
(3) assist in the development of regional capac-
ity to respond to individual constituent concerns 
about flood insurance rate map amendments and re-
visions; 
(4) coordinate outreach and education with 
local officials and community leaders in areas im-
pacted by proposed flood insurance rate map amend-
ments and revisions; and 
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(5) aid potential policy holders under the Na-
tional Flood Insurance Program in obtaining and 
verifying accurate and reliable flood insurance rate 
information when purchasing or renewing a flood in-
surance policy. 
SEC. 25. EXCEPTIONS TO ESCROW REQUIREMENT FOR 
FLOOD INSURANCE PAYMENTS. 
(a) IN GENERAL.—Section 102(d)(1) of the Flood 
Disaster Protection Act of 1973 (42 U.S.C. 4012a(d)(1)) 
is amended— 
(1) in subparagraph (A), in the second sen-
tence, by striking ‘‘subparagraph (C)’’ and inserting 
‘‘subparagraph (B)’’; and 
(2) in subparagraph (B)— 
(A) in clause (ii), by redesignating sub-
clauses (I) and (II) as items (aa) and (bb), re-
spectively, and adjusting the margins accord-
ingly; 
(B) by redesignating clauses (i) and (ii) as 
subclauses (I) and (II), respectively, and adjust-
ing the margins accordingly; 
(C) in the matter preceding subclause (I), 
as redesignated by subparagraph (B), by strik-
ing ‘‘(A) or (B), if—’’ and inserting the fol-
lowing: ‘‘(A)— 
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‘‘(i) if—’’; 
(D) by striking the period at the end and 
inserting ‘‘; or’’; and 
(E) by adding at the end the following 
‘‘(ii) in the case of a loan that— 
‘‘(I) is in a junior or subordinate 
position to a senior lien secured by 
the same residential improved real es-
tate or mobile home for which flood 
insurance is being provided at the 
time of the origination of the loan; 
‘‘(II) is secured by residential im-
proved real estate or a mobile home 
that is part of a condominium, cooper-
ative, or other project development, if 
the residential improved real estate or 
mobile home is covered by a flood in-
surance policy that— 
‘‘(aa) meets the require-
ments that the regulated lending 
institution is required to enforce 
under subsection (b)(1); 
‘‘(bb) is provided by the con-
dominium association, coopera-
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tive, homeowners association, or 
other applicable group; and 
‘‘(cc) the premium for which 
is paid by the condominium asso-
ciation, cooperative, homeowners 
association, or other applicable 
group as a common expense; 
‘‘(III) is secured by residential 
improved real estate or a mobile home 
that is used as collateral for a busi-
ness purpose; 
‘‘(IV) is a home equity line of 
credit; 
‘‘(V) is a nonperforming loan; or 
‘‘(VI) has a term of not longer 
than 12 months.’’. 
(b) APPLICABILITY.— 
(1) IN GENERAL.— 
(A) 
REQUIRED
APPLICATION.—The 
amendments to section 102(d)(1) of the Flood 
Disaster Protection Act of 1973 (42 U.S.C. 
4012a(d)(1)) made by section 100209(a) of the 
Biggert-Waters Flood Insurance Reform Act of 
2012 (Public Law 112–141; 126 Stat. 920) and 
by subsection (a) of this section shall apply to 
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any loan that is originated, refinanced, in-
creased, extended, or renewed on or after Janu-
ary 1, 2016. 
(B) OPTIONAL APPLICATION.— 
(i) DEFINITIONS.—In this subpara-
graph— 
(I) the terms ‘‘Federal entity for 
lending regulation’’, ‘‘improved real 
estate’’, ‘‘regulated lending institu-
tion’’, and ‘‘servicer’’ have the mean-
ings given the terms in section 3 of 
the Flood Disaster Protection Act of 
1973 (42 U.S.C. 4003); 
(II) the term ‘‘outstanding loan’’ 
means a loan that— 
(aa) is outstanding as of 
January 1, 2016; 
(bb) is not subject to the re-
quirement to escrow premiums 
and fees for flood insurance 
under section 102(d)(1) of the 
Flood Disaster Protection Act of 
1973 (42 U.S.C. 4012a(d)(1)) as 
in effect on July 5, 2012; and 
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(cc) would, if the loan had 
been originated, refinanced, in-
creased, extended, or renewed on 
or after January 1, 2016, be sub-
ject to the requirements under 
section 102(d)(1)(A) of the Flood 
Disaster Protection Act of 1973, 
as amended; and 
(III) 
the 
term 
‘‘section 
102(d)(1)(A) of the Flood Disaster 
Protection Act of 1973, as amended’’ 
means section 102(d)(1)(A) of the 
Flood Disaster Protection Act of 1973 
(42 
U.S.C. 
4012a(d)(1)(A)), 
as 
amended by— 
(aa) section 100209(a) of 
the Biggert-Waters Flood Insur-
ance Reform Act of 2012 (Public 
Law 112–141; 126 Stat. 920); 
and 
(bb) subsection (a) of this 
section. 
(ii) OPTION
TO
ESCROW
FLOOD
IN-
SURANCE PAYMENTS.—Each Federal enti-
ty for lending regulation (after consulta-
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tion and coordination with the Federal Fi-
nancial Institutions Examination Council) 
shall, by regulation, direct that each regu-
lated lending institution or servicer of an 
outstanding loan shall offer and make 
available to a borrower the option to have 
the borrower’s payment of premiums and 
fees for flood insurance under the National 
Flood Insurance Act of 1968 (42 U.S.C. 
4001 et seq.), including the escrow of such 
payments, be treated in the same manner 
provided under section 102(d)(1)(A) of the 
Flood Disaster Protection Act of 1973, as 
amended. 
(2) REPEAL
OF
2-YEAR
DELAY
ON
APPLICA-
BILITY.—Subsection (b) of section 100209 of the 
Biggert-Waters Flood Insurance Reform Act of 
2012 (Public Law 112–141; 126 Stat. 920) is re-
pealed. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
section or the amendments made by this section 
shall be construed to supersede, during the period 
beginning on July 6, 2012 and ending on December 
31, 2015, the requirements under section 102(d)(1) 
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of the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4012a(d)(1)), as in effect on July 5, 2012. 
SEC. 26. FLOOD MITIGATION METHODS FOR BUILDINGS. 
(a) GUIDELINES.— 
(1) IN
GENERAL.—Section 1361 of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 
4102) is amended by adding at the end the following 
new subsection: 
‘‘(d) FLOOD MITIGATION METHODS
FOR BUILD-
INGS.—The Administrator shall establish guidelines for 
property owners that— 
‘‘(1) provide alternative methods of mitigation, 
other than building elevation, to reduce flood risk to 
residential buildings that cannot be elevated due to 
their structural characteristics, including— 
‘‘(A) types of building materials; and 
‘‘(B) types of floodproofing; and 
‘‘(2) inform property owners about how the im-
plementation of mitigation methods described in 
paragraph (1) may affect risk premium rates for 
flood insurance coverage under the National Flood 
Insurance Program.’’. 
(2) ISSUANCE.—The Administrator shall issue 
the guidelines required under section 1361(d) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 
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4102(d)), as added by the amendment made by 
paragraph (1) of this subsection, not later than the 
expiration of the 1-year period beginning on the date 
of the enactment of this Act. 
(b) CALCULATION OF RISK PREMIUM RATES.—Sec-
tion 1308 of the National Flood Insurance Act of 1968 
(42 U.S.C. 4015), as amended by the preceding provisions 
of this Act, is further amended by adding at the end the 
following new subsection: 
‘‘(k) CONSIDERATION OF MITIGATION METHODS.— 
In calculating the risk premium rate charged for flood in-
surance for a property under this section, the Adminis-
trator shall take into account the implementation of any 
mitigation method identified by the Administrator in the 
guidance issued under section 1361(d) (42 U.S.C. 
4102(d)).’’. 
SEC. 27. MAPPING OF NON-STRUCTURAL FLOOD MITIGA-
TION FEATURES. 
Section 100216 of the Biggert-Waters Flood Insur-
ance Reform Act of 2012 (42 U.S.C. 4101b) is amended— 
(1) in subsection (b)(1)(A)— 
(A) in clause (iv), by striking ‘‘and’’ at the 
end; 
(B) by redesignating clause (v) as clause 
(vi); 
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(C) by inserting after clause (iv) the fol-
lowing new clause: 
‘‘(v) areas that are protected by non- 
structural flood mitigation features; and’’; 
and 
(D) in clause (vi) (as so redesignated), by 
inserting before the semicolon at the end the 
following: ‘‘and by non-structural flood mitiga-
tion features’’; and 
(2) in subsection (d)(1)— 
(A) by redesignating subparagraphs (A) 
through (C) as subparagraphs (B) through (D), 
respectively; 
(B) in subparagraph (C) (as so redesig-
nated), by striking ‘‘subparagraph (A)’’ and in-
serting ‘‘subparagraph (B)’’; and 
(C) by inserting before subparagraph (B) 
(as so redesignated) the following new subpara-
graph: 
‘‘(A) work with States, local communities, 
and property owners to identify areas and fea-
tures described in subsection (b)(1)(A)(v);’’. 
SEC. 28. CLEAR COMMUNICATIONS. 
Section 1308 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4015), as amended by the preceding pro-
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visions of this Act, is further amended by adding at the 
end the following new subsection: 
‘‘(l) CLEAR COMMUNICATIONS.—The Administrator 
shall clearly communicate full flood risk determinations to 
individual property owners regardless of whether their pre-
mium rates are full actuarial rates.’’. 
SEC. 29. PROTECTION OF SMALL BUSINESSES, NON-PROF-
ITS, HOUSES OF WORSHIP, AND RESIDENCES. 
Section 1308 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4015), as amended by the preceding pro-
visions of this Act, is further amended by adding at the 
end the following new subsection: 
‘‘(m) PROTECTION OF SMALL BUSINESSES, NON- 
PROFITS, HOUSES OF WORSHIP, AND RESIDENCES.— 
‘‘(1) REPORT.—Not later than 18 months after 
the date of the enactment of this section and semi-
annually thereafter, the Administrator shall monitor 
and report to Committee on Financial Services of 
the House Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate, 
the Administrator’s assessment of the impact, if any, 
of the rate increases required under subparagraphs 
(A) and (D) of section 1307(a)(2) and the sur-
charges required under section 1308A on the afford-
ability of flood insurance for— 
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‘‘(A) small businesses with less than 100 
employees; 
‘‘(B) non-profit entities; 
‘‘(C) houses of worship; and 
‘‘(D) residences with a value equal to or 
less than 25 percent of the median home value 
of properties in the State in which the property 
is located. 
‘‘(2) RECOMMENDATIONS.—If the Adminis-
trator determines that the rate increases or sur-
charges described in paragraph (1) are having a det-
rimental effect on affordability, including resulting 
in lapsed policies, late payments, or other criteria re-
lated to affordability as identified by the Adminis-
trator, for any of the properties identified in sub-
paragraphs (A) through (D) of such paragraph, the 
Administrator shall, not later than 3 months after 
making such a determination, make such rec-
ommendations as the Administrator considers appro-
priate to improve affordability to the Committee on 
Financial Services of the House Representatives and 
the Committee on Banking, Housing, and Urban Af-
fairs of the Senate.’’. 
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HR 3370 PCS 
SEC. 30. MAPPING. 
Section 100216(d)(1) of the Biggert-Waters Flood 
Insurance Reform Act of 2012 (42 U.S.C. 4101b(d)(1)) 
is amended— 
(1) in subparagraph (B)— 
(A) by striking ‘‘subparagraph (A)’’ and 
inserting ‘‘subparagraph (D)’’; and 
(B) by striking ‘‘and’’ at the end; 
(2) by redesignating subparagraphs (A), (B), 
and (C) as subparagraphs (D), (E), and (G), respec-
tively; 
(3) by inserting before subparagraph (B), as so 
redesignated, the following new subparagraphs: 
‘‘(A) before commencement of any map-
ping or map updating process, notify each com-
munity affected of the model or models that the 
Administrator plans to use in such process and 
provide an explanation of why such model or 
models are appropriate; 
‘‘(B) provide each community affected a 
30-day period beginning upon notification under 
subparagraph (A) to consult with the Adminis-
trator regarding the appropriateness, with re-
spect to such community, of the mapping model 
or models to be used; provided that consultation 
by a community pursuant to this subparagraph 
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shall not waive or otherwise affect any right of 
the community to appeal any flood hazard de-
terminations; 
‘‘(C) upon completion of the first Inde-
pendent Data Submission, transmit a copy of 
such Submission to the affected community, 
provide the affected community a 30-day period 
during which the community may provide data 
to Administrator that can be used to supple-
ment or modify the existing data, and incor-
porate any data that is consistent with pre-
vailing engineering principles;’’; and 
(4) by inserting after subparagraph (E), as so 
redesignated, the following new subparagraph: 
‘‘(F) not less than 30 days before issuance 
of any preliminary map, notify the Senators for 
each State affected and each Member of the 
House of Representatives for each congressional 
district affected by the preliminary map in writ-
ing of— 
‘‘(i) the estimated schedule for— 
‘‘(I) community meetings regard-
ing the preliminary map; 
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‘‘(II) publication of notices re-
garding the preliminary map in local 
newspapers; and 
‘‘(III) the commencement of the 
appeals process regarding the map; 
and 
‘‘(ii) the estimated number of homes 
and businesses that will be affected by 
changes contained in the preliminary map, 
including how many structures will be that 
were not previously located in an area hav-
ing special flood hazards will be located 
within such an area under the preliminary 
map; and’’. 
SEC. 31. DISCLOSURE. 
(a) CHANGES
IN RATES RESULTING FROM THIS 
ACT.—Not later than the date that is 6 months before 
the date on which any change in risk premium rates for 
flood insurance coverage under the National Flood Insur-
ance Program resulting from this Act or any amendment 
made by this Act is implemented, the Administrator shall 
make publicly available the rate tables and underwriting 
guidelines that provide the basis for the change. 
(b) REPORT ON POLICY AND CLAIMS DATA.— 
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HR 3370 PCS 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Administrator 
shall submit to the Congress a report on the feasi-
bility of— 
(A) releasing property-level policy and 
claims data for flood insurance coverage under 
the National Flood Insurance Program; and 
(B) establishing guidelines for releasing 
property-level policy and claims data for flood 
insurance coverage under the National Flood 
Insurance Program in accordance with section 
552a of title 5, United States Code (commonly 
known as the Privacy Act of 1974). 
(2) CONTENTS.—The report submitted under 
paragraph (1) shall include— 
(A) an analysis and assessment of how re-
leasing property-level policy and claims data for 
flood insurance coverage under the National 
Flood Insurance Program will aid policy holders 
and insurers to understand how the Adminis-
tration determines actuarial premium rates and 
assesses flood risks; and 
(B) recommendations for protecting per-
sonal information in accordance with section 
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HR 3370 PCS 
552a of title 5, United States Code (commonly 
known as the Privacy Act of 1974). 
Passed the House of Representatives March 4, 
2014. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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Calendar No. 317 
113TH CONGRESS 
2D SESSION 
H. R. 3370 
AN ACT 
To delay the implementation of certain provisions 
of the Biggert-Waters Flood Insurance Reform 
Act of 2012, and for other purposes. 
MARCH 6, 2014 
Read the second time and placed on the calendar 
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