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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care OverUse Reform Today Act 
(HealthCOURT Act) of 2009''.

SEC. 2. ESTABLISHMENT OF PERFORMANCE-BASED QUALITY MEASURES.

    Not later than January 1, 2010, the Secretary of Health and Human 
Services shall submit to Congress a proposal for a formalized process 
for the development of performance-based quality measures that could be 
applied to physicians' services under the Medicare program under title 
XVIII of the Social Security Act. Such proposal shall be in concert and 
agreement with the Physician Consortium for Performance Improvement and 
shall only utilize measures agreed upon by each physician specialty 
organization.

SEC. 3. AFFIRMATIVE DEFENSE BASED ON COMPLIANCE WITH BEST PRACTICE 
              GUIDELINES.

    (a) Selection and Issuance of Best Practices Guidelines.--
            (1) In general.--The Secretary of Health and Human Services 
        (in this section referred to as the ``Secretary'') shall 
        provide for the selection and issuance of best practice 
        guidelines (each in this subsection referred to as a 
        ``guideline'') in accordance with paragraphs (2) and (3).
            (2) Development process.--Not later than 90 days after the 
        date of the enactment of this Act, the Secretary shall enter 
        into a contract with a qualified physician consensus-building 
        organization (such as the Physician Consortium for Performance 
        Improvement), in concert and agreement with physician specialty 
        organizations, to develop guidelines for treatment of medical 
        conditions for application under subsection (b). Under the 
        contract, the organization shall take into consideration any 
        endorsed performance-based quality measures described in 
        section 2. Under the contract and not later than 18 months 
        after the date of the enactment of this Act, the organization 
        shall submit best practice guidelines for issuance as 
        guidelines under paragraph (3).
            (3) Issuance.--
                    (A) In general.--Not later than 2 years after the 
                date of the enactment of this Act, the Secretary shall 
                issue, by regulation, after notice and opportunity for 
                public comment, guidelines that have been recommended 
                under paragraph (2) for application under subsection 
                (b).
                    (B) Limitation.--The Secretary may not issue 
                guidelines unless they have been approved or endorsed 
                by qualified physician consensus-building organization 
                involved and physician specialty organizations.
                    (C) Dissemination.--The Secretary shall broadly 
                disseminate the guidelines so issued.
    (b) Limitation on Damages.--
            (1) Limitation on noneconomic damages.--In any health care 
        lawsuit, no noneconomic damages may awarded with respect to 
        treatment that is within a guideline issued under subsection 
        (a).
            (2) Limitation on punitive damages.--In any health care 
        lawsuit, no punitive damages may be awarded against a health 
        care practitioner based on a claim that such treatment caused 
        the claimant harm if--
                    (A) such treatment was subject to the quality 
                review by a qualified physician consensus-building 
                organization;
                    (B) such treatment was approved in a guideline that 
                underwent full review by such organization, public 
                comment, approval by the Secretary, and dissemination 
                as described in subparagraph (a); and
                    (C) such medical treatment is generally recognized 
                among qualified experts (including medical providers 
                and relevant physician specialty organizations) as 
                safe, effective, and appropriate.
    (c) Use.--
            (1) Introduction as evidence.--Guidelines under subsection 
        (a) may not be introduced as evidence of negligence or 
        deviation in the standard of care in any civil action unless 
        they have previously been introduced by the defendant.
            (2) No presumption of negligence.--There would be no 
        presumption of negligence if a participating physician does not 
        adhere to such guidelines.
    (d) Construction.--Nothing in this section shall be construed as 
preventing a State from--
            (1) replacing their current medical malpractice rules with 
        rules that rely, as a defense, upon a health care provider's 
        compliance with a guideline issued under subsection (a); or
            (2) applying additional guidelines or safe-harbors that are 
        in addition to, but not in lieu of, the guidelines issued under 
        subsection (a).

SEC. 4. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding at the end the following:

``SEC. 399T. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE 
              TRIBUNALS.

    ``(a) In General.--The Secretary may award grants to States for the 
development, implementation, and evaluation of administrative health 
care tribunals that comply with this section, for the resolution of 
disputes concerning injuries allegedly caused by health care providers.
    ``(b) Conditions for Demonstration Grants.--To be eligible to 
receive a grant under this section, a State shall submit to the 
Secretary an application at such time, in such manner, and containing 
such information as may be required by the Secretary. A grant shall be 
awarded under this section on such terms and conditions as the 
Secretary determines appropriate.
    ``(c) Representation by Counsel.--A State that receives a grant 
under this section may not preclude any party to a dispute before an 
administrative health care tribunal operated under such grant from 
obtaining legal representation during any review by the expert panel 
under subsection (d), the administrative health care tribunal under 
subsection (e), or a State court under subsection (f).
    ``(d) Expert Panel Review and Early Offer Guidelines.--
            ``(1) In general.--Prior to the submission of any dispute 
        concerning injuries allegedly caused by health care providers 
        to an administrative health care tribunal under this section, 
        such allegations shall first be reviewed by an expert panel.
            ``(2) Composition.--
                    ``(A) In general.--The members of each expert panel 
                under this subsection shall be appointed by the head of 
                the State agency responsible for health. Each expert 
                panel shall be composed of no fewer than 3 members and 
                not more than 7 members. At least one-half of such 
                members shall be medical experts (either physicians or 
                health care professionals).
                    ``(B) Licensure and expertise.--Each physician or 
                health care professional appointed to an expert panel 
                under subparagraph (A) shall--
                            ``(i) be appropriately credentialed or 
                        licensed in 1 or more States to deliver health 
                        care services; and
                            ``(ii) typically treat the condition, make 
                        the diagnosis, or provide the type of treatment 
                        that is under review.
                    ``(C) Independence.--
                            ``(i) In general.--Subject to clause (ii), 
                        each individual appointed to an expert panel 
                        under this paragraph shall--
                                    ``(I) not have a material familial, 
                                financial, or professional relationship 
                                with a party involved in the dispute 
                                reviewed by the panel; and
                                    ``(II) not otherwise have a 
                                conflict of interest with such a party.
                            ``(ii) Exception.--Nothing in clause (i) 
                        shall be construed to prohibit an individual 
                        who has staff privileges at an institution 
                        where the treatment involved in the dispute was 
                        provided from serving as a member of an expert 
                        panel merely on the basis of such affiliation, 
                        if the affiliation is disclosed to the parties 
                        and neither party objects.
                    ``(D) Practicing health care professional in same 
                field.--
                            ``(i) In general.--In a dispute before an 
                        expert panel that involves treatment, or the 
                        provision of items or services--
                                    ``(I) by a physician, the medical 
                                experts on the expert panel shall be 
                                practicing physicians (allopathic or 
                                osteopathic) of the same or similar 
                                specialty as a physician who typically 
                                treats the condition, makes the 
                                diagnosis, or provides the type of 
                                treatment under review; or
                                    ``(II) by a health care 
                                professional other than a physician, at 
                                least two medical experts on the expert 
                                panel shall be practicing physicians 
                                (allopathic or osteopathic) of the same 
                                or similar specialty as the health care 
                                professional who typically treats the 
                                condition, makes the diagnosis, or 
                                provides the type of treatment under 
                                review, and, if determined appropriate 
                                by the State agency, an additional 
                                medical expert shall be a practicing 
                                health care professional (other than 
                                such a physician) of such a same or 
                                similar specialty.
                            ``(ii) Practicing defined.--In this 
                        paragraph, the term `practicing' means, with 
                        respect to an individual who is a physician or 
                        other health care professional, that the 
                        individual provides health care services to 
                        individual patients on average at least 2 days 
                        a week.
                    ``(E) Pediatric expertise.--In the case of dispute 
                relating to a child, at least 1 medical expert on the 
                expert panel shall have expertise described in 
                subparagraph (D)(i) in pediatrics.
            ``(3) Determination.--After a review under paragraph (1), 
        an expert panel shall make a determination as to the liability 
        of the parties involved and compensation.
            ``(4) Acceptance.--If the parties to a dispute before an 
        expert panel under this subsection accept the determination of 
        the expert panel concerning liability and compensation, such 
        compensation shall be paid to the claimant and the claimant 
        shall agree to forgo any further action against the health care 
        providers involved.
            ``(5) Failure to accept.--If any party decides not to 
        accept the expert panel's determination, the matter shall be 
        referred to an administrative health care tribunal created 
        pursuant to this section.
    ``(e) Administrative Health Care Tribunals.--
            ``(1) In general.--Upon the failure of any party to accept 
        the determination of an expert panel under subsection (d), the 
        parties shall have the right to request a hearing concerning 
        the liability or compensation involved by an administrative 
        health care tribunal established by the State involved.
            ``(2) Requirements.--In establishing an administrative 
        health care tribunal under this section, a State shall--
                    ``(A) ensure that such tribunals are presided over 
                by special judges with health care expertise;
                    ``(B) provide authority to such judges to make 
                binding rulings, rendered in written decisions, on 
                standards of care, causation, compensation, and related 
                issues with reliance on independent expert witnesses 
                commissioned by the tribunal;
                    ``(C) establish gross negligence as the legal 
                standard for the tribunal;
                    ``(D) allow the admission into evidence of the 
                recommendation made by the expert panel under 
                subsection (d); and
                    ``(E) provide for an appeals process to allow for 
                review of decisions by State courts.
    ``(f) Review by State Court After Exhaustion of Administrative 
Remedies.--
            ``(1) Right to file.--If any party to a dispute before a 
        health care tribunal under subsection (e) is not satisfied with 
        the determinations of the tribunal, the party shall have the 
        right to file their claim in a State court of competent 
        jurisdiction.
            ``(2) Forfeit of awards.--Any party filing an action in a 
        State court in accordance with paragraph (1) shall forfeit any 
        compensation award made under subsection (e).
            ``(3) Admissibility.--The determinations of the expert 
        panel and the administrative health care tribunal pursuant to 
        subsections (d) and (e) with respect to a State court 
        proceeding under paragraph (1) shall be admissible into 
        evidence in any such State court proceeding.
    ``(g) Definition.--In this section, the term `health care provider' 
has the meaning given such term for purposes of part A of title VII.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated for any fiscal year such sums as may be necessary for 
purposes of making grants to States under this section.''.

SEC. 5. SENSE OF CONGRESS REGARDING HEALTH INSURER LIABILITY.

    It is the sense of Congress that a health insurance issuer should 
be liable for damages for harm caused when it makes a decision as to 
what care is medically necessary and appropriate.
Health Care OverUse Reform Today Act (HealthCOURT Act) of 2009 - Directs the Secretary of Health and Human Services (HHS) to propose to Congress a formalized process for the development of performance-based quality measures that could be applied to physicians' services under title XVIII (Medicare) of the Social Security Act. Requires the proposal: (1) to be in concert and agreement with the Physician Consortium for Performance Improvement; and (2) utilize only measures agreed upon by each physician specialty organization.

Directs the Secretary to: (1) provide for the selection and issuance of best practice guidelines for treatment of medical conditions; and (2) contract with a qualified physician consensus-building organization (such as the Physician Consortium for Performance Improvement), in concert and agreement with physician specialty organizations, to develop such guidelines.

Prohibits the award of any noneconomic damages in any health care lawsuit with respect to treatment that is within an issued guideline.

Prohibits the award of punitive damages against a health care practitioner in such a lawsuit based on a claim that medical treatment caused the claimant harm if the treatment: (1) was subject to quality review by a qualified physician consensus-building organization; (2) was approved in a guideline that underwent full review by such organization, public comment, the Secretary's approval, and dissemination; and (3) is generally recognized among qualified experts as safe, effective, and appropriate.

Amends the Public Health Service Act to authorize the Secretary to award grants to states for the development, implementation, and evaluation of administrative health care tribunals for the resolution of disputes concerning injuries allegedly caused by health care providers.

Expresses the sense of Congress that a health insurance issuer should be liable for damages for a harm caused when it makes a decision as to what care is medically necessary and appropriate.

SECTION 1. YELLOWSTONE BUFFALO PRESERVATION.

    (a) Short Title.--This section may be cited as the ``Yellowstone 
Buffalo Preservation Act''.
    (b) Findings.--Congress finds the following:
            (1) More than any other animal, the American buffalo (Bison 
        bison) is a wildlife icon of the United States. The American 
        buffalo is the symbol that represents the Department of the 
        Interior. The American buffalo is profoundly significant to 
        Native American cultures and, perhaps more than any other 
        wildlife species, has influenced our history.
            (2) The American buffalo is still under assault, as it was 
        in the late 19th Century when it was nearly exterminated. At 
        the end of the great slaughter, in which tens of millions of 
        buffalo were killed, only a few hundred wild buffalo remained 
        in the Nation and all were located in Yellowstone National 
        Park. Due to poaching, their numbers were reduced to 25 by the 
        year 1900.
            (3) The offspring of the 25 survivors comprise the 
        Yellowstone buffalo herd and are the only wild, free-roaming 
        American buffalo to continuously occupy their native habitat in 
        the United States.
            (4) The Yellowstone buffalo herd is genetically unique. 
        Unlike captive ranched buffalo, which are now relatively 
        common, the Yellowstone buffalo herd has never interbred with 
        cattle and has retained its wild character.
            (5) Because the Park lacks extensive low-elevation winter 
        habitat that provides bison and elk with access to winter 
        forage, wildlife migrate from the high elevation plateau of 
        Yellowstone National Park to lower elevation habitat adjacent 
        to the Park in winter and spring.
            (6) The Yellowstone buffalo herd was exposed to the 
        bacterium Brucella abortus, which can cause the disease 
        brucellosis, in 1917. Brucellosis is only transmitted through 
        animal ingestion of contaminated reproductive products. 
        Brucellosis can cause abortions in infected animals, but only 
        infectious females who have the bacteria in their reproductive 
        system represent any potential threat of transmission. The risk 
        of transmission between wild buffalo and cattle was deemed low 
        in a 1992 General Accounting Office report, and again in a 1998 
        National Research Council study. In fact, there has never been 
        a confirmed incidence of brucellosis transmission in the wild 
        from buffalo to cattle. Buffalo with brucellosis and cattle 
        have grazed together for over 50 years in the Jackson Hole area 
        south of Yellowstone without any incident of disease 
        transmission. Despite these facts, the National Park Service, 
        the United States Forest Service, and the State of Montana 
        Department of Livestock haze, capture, and kill members of the 
        Yellowstone buffalo herd in an attempt to keep them unnaturally 
        confined within Yellowstone National Park. At the same time, 
        approximately 13,000 Yellowstone elk, some of which also harbor 
        brucellosis, are allowed unfettered access to Federal land 
        outside the Park. Since 1984, nearly 3,700 American buffalo 
        have been killed in Montana as a result of this policy. In the 
        winter of 2002-2003, 244 buffalo were killed by the Federal and 
        State agencies, including 231 buffalo which were captured and 
        slaughtered by the National Park Service.
            (7) The key lower elevation habitat needed by American 
        buffalo is primarily on Gallatin National Forest lands adjacent 
        to the north and west sides of the Park. On the north side, 
        taxpayers spent $13,000,000 in 1999 for a private-Federal land 
        exchange intended to make low elevation habitat adjacent to the 
        Yellowstone River accessible to the Yellowstone buffalo herd 
        and other wildlife. The land exchange has not yet been 
        finalized by Federal agencies and therefore key habitat is not 
        available to the Yellowstone buffalo herd.
            (8) On the west side of the Park, the Horse Butte peninsula 
        provides prime wildlife habitat for grizzly bears, trumpeter 
        swans, bald eagles, wolves, and buffalo. The peninsula 
        comprises approximately 10,000 acres of primarily Gallatin 
        National Forest Federal lands extending into Hebgen Lake.
            (9) National Park Service lands have been set aside for the 
        conservation of resources and values and for the enjoyment and 
        use of all citizens. The Federal lands adjacent to the Park 
        represent some of the most valuable and important wildlife 
        habitat in the lower forty-eight states. They are integrally 
        connected to the health of wildlife residing seasonally in our 
        Nation's oldest national park. Together, the Park and the 
        adjacent Federal lands provide some of our Nation's richest 
        opportunities for recreation, wildlife viewing, family camping, 
        wildlife conservation, fishing, and other recreational and 
        sporting activities. These Federal lands should be 
        preferentially managed to sustain this rich and diverse 
        wildlife resource and to provide the public with enjoyment of 
        this National treasure.
    (c) Purpose.--The purpose of this Act is to provide for the 
protection of the Yellowstone buffalo herd by allowing the Yellowstone 
buffalo herd to freely roam Federal lands outside of the Park. The 
Federal lands that are affected by this Act are those within the Park 
and adjacent to it on the north and west boundaries as indicated by 
zones 2 and 3 on the Modified Preferred Alternative Map on page 181 of 
the 2000 Bison Management Plan for the State of Montana and Yellowstone 
National Park Final Environmental Impact Statement.
    (d) Definitions.--For the purposes of this section, the following 
definitions apply:
            (1) Hazing.--The term ``hazing'' means any individual 
        effort to drive away, obstruct, chase, scare, or deter natural 
        movements of wildlife, including hazing efforts carried out on 
        foot or horseback or efforts aided by machinery, aircraft, or 
        any type of noise-making device.
            (2) Individual.--The term ``individual'' means any person 
        representing a State or Federal Government.
            (3) Park.--The term ``Park'' means Yellowstone National 
        Park.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Yellowstone buffalo herd.--The term ``Yellowstone 
        buffalo herd'' means the wild, free roaming, unfenced buffalo 
        living primarily within Yellowstone National Park.
    (e) Prohibited Acts; Criminal Penalties.--
            (1) Prohibited acts.--No individual may kill, haze, or 
        capture any buffalo on Federal land or land held under Federal 
        conservation easements or use any form of bait to lure buffalo 
        from any Federal land onto private land until the duties under 
        subsection (f) are carried out.
            (2) Penalties.--
                    (A) Initial violation.--Any individual found to be 
                in violation of paragraph (1) for the first time shall 
                be fined not more than $5,000 or imprisoned not more 
                than 1 year or both.
                    (B) Subsequent violations.--Any individual found to 
                be in violation of paragraph (1) after the first such 
                finding shall be fined not more than $10,000 or 
                imprisoned not more than 2 years or both.
                    (C) Reward.--One half of any fine collected under 
                this subsection or $2,500, whichever is less, shall be 
                paid to any person or persons giving information which 
                leads to conviction of a violation of this subsection.
                    (D) Exception.--This subsection shall not apply to 
                a person that is found to have been hazing a buffalo if 
                the person is physically endangered or private property 
                was damaged by a buffalo.
    (f) Duties.--The Secretary and other appropriate Federal agencies 
shall ensure that the following is accomplished not later than 3 years 
after the date of the enactment of this Act:
            (1) The Yellowstone buffalo herd is allowed to freely roam 
        the Park and the Federal lands adjacent to Yellowstone National 
        Park on the north and west boundaries as indicated by zones 2 
        and 3 on the Modified Preferred Alternative Map on page 181 of 
        the 2000 Bison Management Plan for the State of Montana and 
        Yellowstone National Park Final Environmental Impact Statement 
        without being hazed. These lands shall be made available 
        preferentially for buffalo and wildlife use.
            (2) Management authority of the Yellowstone buffalo herd 
        within the Park is under the sole jurisdiction of the National 
        Park Service.
            (3) The land exchange described in section 1(b)(7) with the 
        private property owner has been finalized, as set forth in the 
        agreement executed in 1999, so that the Yellowstone buffalo 
        herd may freely roam the lands described in paragraph (1).
            (4) The National Park Service has disassembled the Stephens 
        Creek Buffalo Capture Facility.
            (5) The Secretary has made every effort practicable to 
        allow the Yellowstone buffalo herd to freely roam Federal lands 
        through incentives and cooperative efforts with adjacent 
        private landowners, including through acquisition, easement, 
        cattle vaccination, and landowner agreement pertaining to 
        temporal and spatial separation of livestock from the 
        Yellowstone buffalo herd.
Yellowstone Buffalo Preservation Act - Prohibits an individual from killing, hazing, or capturing any buffalo on Federal lands or land held under Federal conservation easements or using any form of bait to lure buffalo from any Federal land onto private land until the Secretary of the Interior and other appropriate Federal agencies carry out specified duties.

Establishes fines and criminal penalties for violations of this Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flood Insurance Choice Act of 
2007''.

SEC. 2. RIGHT TO OPT-OUT.

    Section 102(c) of the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4012a(c)) is amended by adding at the end the following:
            ``(3) Individual opt-out.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this Act, or the National Flood Insurance 
                Act of 1968, any individual homeowner who satisfies the 
                requirements under subparagraph (B) shall not be 
                required to purchase flood insurance on any property, 
                including any property in an area that has been 
                identified by the Administrator as an area having 
                special flood hazards.
                    ``(B) Requirements.--The requirements referred to 
                in subparagraph (A) are as follows:
                            ``(i) Written certification to the 
                        administrator and community.--The individual 
                        homeowner shall certify, in writing, to the 
                        Administrator and the State, community, or 
                        local official responsible for zoning and 
                        building codes over the area in which such 
                        property is located that the individual--
                                    ``(I) elects not to participate in 
                                the flood insurance program under the 
                                National Flood Insurance Act of 1968; 
                                and
                                    ``(II) understands and willfully 
                                accepts any and all adverse consequence 
                                that attach to such an election, 
                                including--
                                            ``(aa) denial of any 
                                        Federal financial assistance 
                                        under this Act or the National 
                                        Flood Insurance Act of 1968;
                                            ``(bb) denial of any 
                                        Federal financial assistance 
                                        for acquisition or construction 
                                        purposes under this Act or the 
                                        National Flood Insurance Act of 
                                        1968;
                                            ``(cc) denial of any 
                                        Federal financial assistance 
                                        under sections 404, 408, and 
                                        425 of the Robert T. Stafford 
                                        Disaster Relief and Emergency 
                                        Assistance Act for damage as a 
                                        result, in whole or in part, of 
                                        a flood; or
                                            ``(dd) loss of value to the 
                                        property.
                            ``(ii) Recording of certification.--
                                    ``(I) In general.--The individual 
                                homeowner shall file the certification 
                                required under clause (i) with the 
                                appropriate State or local agency 
                                responsible for recording deeds, liens, 
                                or mortgages of real property in which 
                                the property that is the subject of 
                                such certification is located.
                                    ``(II) Effect of recording.--The 
                                recording of the certification under 
                                clause (i) shall--
                                            ``(aa) attach to the 
                                        property that is the subject of 
                                        such certification; and
                                            ``(bb) bind the current 
                                        owner of the property and all 
                                        future owners of the property, 
                                        including successor in 
                                        interests, assigns, or heirs, 
                                        who at any time hold title to 
                                        all or any portion of such 
                                        property.
                                    ``(III) Voluntary release.--
                                            ``(aa) In general.--The 
                                        current owner and any future 
                                        owner, the personal 
                                        representative of any such 
                                        owner, the estate of any 
                                        deceased owner, or any 
                                        qualified heir of a deceased 
                                        owner (as such term is defined 
                                        in section 2032A(e) of the 
                                        Internal Revenue Code) may 
                                        voluntarily file a document 
                                        terminating the effect of the 
                                        certification required under 
                                        clause (i) with the appropriate 
                                        State or local agency 
                                        responsible for recording, 
                                        deeds, liens, or mortgages of 
                                        real property in which the 
                                        affected real property interest 
                                        is located.
                                            ``(bb) Effect.--The effect 
                                        of filing any termination under 
                                        item (aa) shall be to void the 
                                        certification under clause (i).
                    ``(C) Base flood elevation requirements.--An 
                individual homeowner that has elected not to purchase 
                flood insurance under this paragraph with respect to 
                property owned by such individual shall not be required 
                to comply with any base flood elevation requirements 
                under this Act or the National Flood Insurance Act of 
                1968 for such property.''.

SEC. 3. ENSURING THAT COMMUNITIES ARE NOT ADVERSELY AFFECTED BY 
              INDIVIDUALS WHO OPT-OUT.

    (a) Land Use Controls.--Section 1315(a) of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4022(a)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) No penalty for areas where individuals opt-out.--The 
        prohibition described under paragraph (1) shall not be 
        construed to apply to any area that has complied with 
        requirements under that paragraph but for those individuals 
        that have elected to opt-out of the flood insurance program 
        under section 102(c)(3) of the Flood Disaster Protection Act of 
        1973.''.
    (b) Financial Assistance.--Section 202 of the Flood Disaster 
Protection Act of 1973 (42 U.S.C. 4106) is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b) No Penalty for Areas Where Individuals Opt-Out.--
            ``(1) In general.--The prohibition described under 
        subsection (a) shall not be construed to apply to any community 
        that has complied with requirements under that subsection but 
        for those individuals that have elected to opt-out of the flood 
        insurance program under section 102(c)(3).
            ``(2) Rule of construction.--Nothing in this subsection 
        shall be construed to require any Federal agency or officer to 
        provide any financial assistance for acquisition or 
        construction purposes to any individuals that have elected to 
        opt-out of the flood insurance program under section 
        102(c)(3).''.
    (c) Mitigation Assistance.--Section 1366(c) of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4104c(c)) is amended by adding at the 
end the following new sentence: ``A State or community shall not be 
considered ineligible to receive financial assistance under this 
section for mitigation activities solely because individuals in that 
State or community have elected to opt-out of the flood insurance 
program under section 102(c)(3) of the Flood Disaster Protection Act of 
1973.''.

SEC. 4. DENIAL OF RELIEF UNDER STAFFORD ACT.

    Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end 
the following:

``SEC. 427. DENIAL OF ASSISTANCE FOR INDIVIDUALS WHO HAVE OPTED-OUT OF 
              THE FLOOD INSURANCE PROGRAM.

    ``(a) In General.--No individual or household shall receive any 
assistance under section 404, 408, or 425, with respect to property 
owned by that individual or household, if such assistance is needed as 
a result, in whole or in part, of a flood, and such individual or 
household has elected with respect to such property to opt-out of the 
flood insurance program under section 102(c)(3) of the Flood Disaster 
Protection Act of 1973.
    ``(b) Definition of Flood.--As used in this section, the term 
`flood' has the same meaning as in section 1370 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4121).''

Flood Insurance Choice Act of 2007 - Amends the Flood Disaster Protection Act of 1973 to permit an individual homeowner not to purchase property flood insurance, even for property in a special flood hazard area, if he or she submits certain written certifications to the Administrator of the Federal Emergency Management Agency (FEMA) and the state, community, or local official responsible for zoning and building codes.



Declares that such homeowner shall not be required to comply with certain base flood elevation requirements.

Amends the National Flood Insurance Act of 1968, with respect to land use controls, financial assistance and mitigation assistance, to shield from penalties for non-compliance those areas that have complied with its requirements but where individuals have opted out pursuant to this Act.

Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to deny assistance for individuals who have opted-out of the flood insurance program.