[House Report 112-138]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-138
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1309) 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
_______
July 7, 2011.--Referred to the House Calendar and ordered to be printed
_______
Mr. Sessions, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 340]
The Committee on Rules, having had under consideration
House Resolution 340, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 1309, the
Flood Insurance Reform Act of 2011, under a structured rule.
The resolution provides one hour of general debate equally
divided and controlled by the chair and ranking minority member
of the Committee on Financial Services. The resolution waives
all points of order against consideration of the bill. The
resolution provides that the amendment in the nature of a
substitute recommended by the Committee on Financial Services
now printed in the bill shall be considered as an original bill
for the purpose of amendment and shall be considered as read.
The resolution waives all points of order against the committee
amendment in the nature of a substitute. The resolution makes
in order only those amendments printed in this report. Each
such amendment may be offered only in the order printed in this
report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole. All
points of order against the amendments are waived. The
resolution provides that the chair of the Committee on
Financial Services or his designee may offer amendments en bloc
consisting of amendments printed in this report not earlier
disposed of. Amendments en bloc shall be considered as read,
shall be debatable for 10 minutes equally divided and
controlled by the chair and ranking minority member of the
Committee on Financial Services or their designees, shall not
be subject to amendment, and shall not be subject to a demand
for division of the question. The original proponent of an
amendment included in such amendments may insert a statement in
the Congressional Record immediately before the disposition of
the amendments en bloc. Finally, the resolution provides one
motion to recommit with or without instructions.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of the bill, the Committee is not aware of any
points of order. The waiver of all points of order is
prophylactic.
Although the resolution waives all points of order against
the committee amendment in the nature of a substitute
recommended by the Committee on Financial Services, the
Committee is not aware of any points of order. The waiver of
all points of order is prophylactic.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order. The waiver of all points of order
is prophylactic.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 107
Motion by Mr. McGovern to report an open rule. Defeated: 3-
5
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Majority Members Vote Minority Members Vote
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Mr. Woodall..................................... Nay Mr. McGovern...................... Yea
Mr. Nugent...................................... Nay Mr. Hastings of Florida........... Yea
Mr. Scott of South Carolina..................... Nay Mr. Polis......................... Yea
Mr. Webster..................................... Nay
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------
SUMMARY OF AMENDMENTS MADE IN ORDER
1. Biggert (IL): Would make technical corrections to the
bill. (10 minutes)
2. Bachus (AL): Would allow for a possible fourth and five
year suspension of the mandatory purchase for certain
communities that are making more than adequate progress in
their construction of their flood protection systems. (10
minutes)
3. Speier (CA): Would make it a violation for a lender,
whose only interest in the property is the amount of the
outstanding mortgage indebtedness, to require a homeowner to
purchase more than the legally required amount of flood
insurance--an amount equal to the outstanding principal balance
of the loan. (10 minutes)
4. Flake, Jeff (AZ): Would strike additional coverage
provided in H.R. 1309 for business interruption and cost of
living expenses. (10 minutes)
5. Ros-Lehtinen (FL), Rivera (FL), Wilson (FL), Hinojosa
(TX), Holt (NJ): Would strike the part of Section 5 ``Reforms
of Premium Rates'' that would increase annual limit on premium
rates increases from 10% to 20%. This will prevent a 100%
increase in possible premium hikes. (10 minutes)
6. Matsui (CA): Would modify language in the bill so that
newly mapped properties are phased in to full actuarial, flood
insurance rates at a consistent rate of 20% per year over 5
years and requires that newly mapped properties pay 100% of
actuarial rates at the end of the 5 year phase-in. (10 minutes)
7. Terry (NE), Berg (ND): Would protect insureds during a
`flood in progress', if the insured has purchased flood
insurance and has not sustained damage or loss within the 30
day window. (10 minutes)
8. Waters (CA): Would streamline and reauthorize the Flood
Mitigation Assistance Program, the Repetitive Flood Claims
Program and the Severe Repetitive Loss Program in order to
improve their effectiveness and efficiency. (10 minutes)
9. Palazzo (MS): Would ensure that there is adequate
representation from Gulf Coast States on the Technical Mapping
Advisory Panel. (10 minutes)
10. Walberg (MI): Would place a moratorium on the issuance
of any updated rate maps from the date of enactment until the
Technical Mapping Advisory Council submits to the FEMA
Administrator and Congress the proposed new mapping standards.
It would allow for the revision, update and change of rate maps
only pursuant to a letter of map change, which includes a
letter of map amendment, letter of map revision, and letter of
map revision based on fill. (10 minutes)
11. Cardoza (CA): Would eliminate requirements to more
broadly map areas considered to be residual risk. (10 minutes)
12. Burton (IN), Stark (CA): Would require written
notification by first class mail to each property owner
affected by a proposed change in flood elevations, prior to the
90-day appeal period. Notification would include an explanation
of the appeals process and contact information for responsible
officials. (10 minutes)
13. McGovern (MA): Would allow communities to be reimbursed
for certain costs associated with a successful challenge to a
bona fide mapping error made by FEMA resulting in a Letter of
Map Revision. (10 minutes)
14. Brady, Kevin (TX): Would require the FEMA Administrator
to provide to a property owner newly included in a revised or
updated proposed flood map a copy of the proposed flood
insurance map and information regarding the appeals process at
the time the proposed map is issued. (10 minutes)
15. Cuellar (TX): Would require the Administrator to
communicate with communities located in areas where flood
insurance rate maps have not been updated in 20 years or more
and the appropriate State emergency agencies to resolve
outstanding issues, provide technical assistance, and
disseminate all necessary information to reduce the prevalence
of outdated maps in flood-prone areas. (10 minutes)
16. Sherman (CA), Bachus (AL), Meeks, Gregory (NY): Would
require FEMA to reduce the number of flood insurance policies
that are directly managed by the Agency to not more than 10% of
the total number of flood insurance policies in force. Would
further authorize FEMA to refuse to accept future transfers of
policies to the NFIP Direct program. (10 minutes)
17. Loebsack (IA): Would require FEMA to notify a prominent
local television and radio station of projected and proposed
changes to flood maps and to grant an additional 90 days for
property owners or a community to appeal proposed flood maps,
beyond the original 90 day appeal period, so long as community
leaders certify they believe there are property owners unaware
of the proposed flood maps and appeal period, and community
leaders would use the additional 90 day appeal period to
educate property owners on the proposed maps and appeal
process. (10 minutes)
18. Palazzo (MS): Would afford policy holders the right to
request engineering reports and other documents relied on by
the Administrator and/or participating companies in determining
whether the damage was caused by flood or any other peril. (10
minutes)
19. Westmoreland (GA): Would add a reserve fund requirement
to the National Flood Insurance Program. (10 minutes) .
20. Miller, Candice (MI): Would terminate current spending
on TV and Radio commercials being aired to promote the NFIP in
all 50 states and directs remaining funds to pay down NFIP's
debt. Would continue FEMA's mailing programs that are used to
notify current policy holders of changes to their policies and
maps as well as other educational publications they produce.
(10 minutes)
21. Luetkemeyer (MO): Would require FEMA to study their
processes and procedures for making an FIP determination and
report their findings to Congress within six months from the
date of enactment of the underlying bill. (10 minutes)
22. Canseco (TX): Would require the administrator of FEMA
to report to Congress within 6 months of the bill becoming law
a plan for how the agency can pay back within 10 years the
roughly $18 billion it currently owes to Treasury. (10 minutes)
23. Scott, Bobby (VA): Would direct the GAO to conduct a
study of the means and effects of facilitating a market for
all-peril insurance policies for residential properties. (10
minutes)
24. Walz (MN): Would allow state and local governments to
use the Army Corps of Engineers to evaluate locally operated
levee systems which were either built or designed by the Corps,
and which are being reaccredited as part of a National Flood
Insurance Program remapping. All costs associated with
evaluations would continue to be covered by the state or local
government requesting the evaluation. (10 minutes)
25. Miller, Candice (MI): Would terminate NFIP by January
1, 2012 and allow States to form interstate compacts to provide
insurance. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Biggert of Illinois or
Her Designee, Debatable for 10 Minutes
Page 38, line 23, strike ``5-year'' and insert ``10-year''.
Page 39, line 18 strike ``survey'' and insert
``certificate''.
Page 39, line 19 strike ``survey'' and insert
``certificate''.
Page 50, line 7, strike ``1308(h)'' and insert ``1308(g)''.
Page 50, lines 20 and 21 strike ``OF ESTABLISHMENT OF FLOOD
ELEVATIONS'' and insert ``TO MEMBERS OF CONGRESS OF FLOOD MAP
REVISIONS AND UPDATES''.
Page 55, line 11, strike ``offer'' and insert ``error''.
Page 64, line 16, strike ``sections'' and insert ``section''.
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2. An Amendment To Be Offered by Representative Bachus of Alabama or
His Designee, Debatable for 10 Minutes
Page 7, strike the dash in line 3 and all that follows
through line 10 and insert ``designation of the area as having
special flood hazards in a timely manner under section 1363.''.
Page 7, after line 21 insert the following:
``(5) Additional extension for communities making
more than adequate progress on flood protection
system.--
``(A) Extension.--
``(i) Authority.--Except as provided
in subparagraph (B), in the case of an
eligible area for which the
Administrator has, pursuant to
paragraph (4), extended the period of
effectiveness of the finding under
paragraph (1) for the area, upon a
request submitted by a local government
authority having jurisdiction over any
portion of the eligible area, if the
Administrator finds that more than
adequate progress has been made on the
construction of a flood protection
system for such area, as determined in
accordance with the last sentence of
section 1307(e) of the National Flood
Insurance Act of 1968 (42 U.S.C.
4014(e)), the Administrator may, in the
discretion of the Administrator,
further extend the period during which
the finding under paragraph (1) shall
be effective for such area for an
additional 12 months.
``(ii) Limit.-- For any eligible
area, the cumulative number of
extensions under this subparagraph may
not exceed 2.
``(B) Exclusion for new mortgages.--
``(i) Exclusion.--Any extension under
subparagraph (A) of this paragraph of a
finding under paragraph (1) shall not
be effective with respect to any
excluded property after the
origination, increase, extension, or
renewal of the loan referred to in
clause (ii)(II) for the property.
``(ii) Excluded properties.--For
purposes of this subparagraph, the term
`excluded property' means any improved
real estate or mobile home--
``(I) that is located in an
eligible area; and
``(II) for which, during the
period that any extension under
subparagraph (A) of this
paragraph of a finding under
paragraph (1) is otherwise in
effect for the eligible area in
which such property is
located--
``(aa) a loan that is
secured by the property
is originated; or
``(bb) any existing
loan that is secured by
the property is
increased, extended, or
renewed.''.
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3. An Amendment To Be Offered by Representative Speier of California or
Her Designee, Debatable for 10 Minutes
Page 11, after line 22, insert the following new subsection:
(d) Penalties for Requiring Purchase of Coverage Exceeding
Minimum Mandatory Purchase Requirement.--Paragraph (2) of
section 102(f) of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4012a(f)(2)) is amended--
(1) in subparagraph (A)(iii), by striking ``or'' at
the end;
(2) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(3) by adding at the end the following new
subparagraph:
``(C) in connection with the making,
increasing, extending, servicing, or renewing
of any loan, requiring the purchase of flood
insurance coverage under the National Flood
Insurance Act of 1968, or purchasing such
coverage pursuant to subsection (e)(2), in an
amount in excess of the minimum amount required
under subsections (a) and (b) of this
section.''.
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4. An Amendment To Be Offered by Representative Flake of Arizona or His
Designee, Debatable for 10 Minutes
Page 14, line 24, strike the second semicolon and insert ``;
and''.
Strike paragraph (3) of section 4(c) (page 15, lines 1 and
2).
Page 15, line 5, strike ``(8)'' and insert ``(6)''.
Page 15, line 6, strike ``(2), (3), (4), (5), and (6)'' and
insert ``(2), (3), and (4)''.
Strike subsection (d) of section 4 (page 16, line 1 and all
that follows through page 18, line 10).
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5. An Amendment To Be Offered by Representative Ros-Lehtinen of Florida
or Her Designee, Debatable for 10 Minutes
Page 19, strike lines 10 to 13.
----------
6. An Amendment To Be Offered by Representative Matsui of California or
Her Designee, Debatable for 10 Minutes
Page 20, line 3, strike ``50 percent rate for initial year''
and insert ``5-year phase-in period''.
Page 20, line 11, strike ``12-month period'' and insert ``5-
year period''.
Page 20, lines 17 through 19, strike ``50 percent of the
chargeable risk premium rate otherwise applicable under this
title to the property'' and insert ``the rate described in
paragraph (3)''.
Page 21, line 4, strike ``12-month period'' and insert ``5-
year period''.
Page 21, strike lines 11 through 18, and insert the
following:
``the chargeable risk premium rate for flood insurance under
this title for a covered property that is located in such area
shall be--
``(A) for the first year of the 5-year period
referred to in paragraph (1), the greater of--
``(i) 20 percent of the chargeable risk
premium rate otherwise applicable under this
title to the property; and
``(ii) in the case of any property that, as
of the beginning of such first year, is
eligible for preferred risk rate method
premiums for flood insurance coverage, such
preferred risk rate method premium for the
property;
``(B) for the second year of such 5-year period, 40
percent of the chargeable risk premium rate otherwise
applicable under this title to the property;
``(C) for the third year of such 5-year period, 60
percent of the chargeable risk premium rate otherwise
applicable under this title to the property;
``(D) for the fourth year of such 5-year period, 80
percent of the chargeable risk premium rate otherwise
applicable under this title to the property; and
``(E) for the fifth year of such 5-year period, 100
percent of the chargeable risk premium rate otherwise
applicable under this title to the property.''.
----------
7. An Amendment To Be Offered by Representative Terry of Nebraska or
His Designee, Debatable for 10 Minutes
Page 19, after line 8, insert the following new subsection:
(f) Effective Date of Policies Covering Properties Affected
by Floods in Progress.--Paragraph (1) of section 1306(c) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)) is
amended by adding after the period at the end the following:
``With respect to any flood that has commenced or is in
progress before the expiration of such 30-day period, such
flood insurance coverage for a property shall take effect upon
the expiration of such 30-day period and shall cover damage to
such property occurring after the expiration of such period
that results from such flood, but only if the property has not
suffered damage or loss as a result of such flood before the
expiration of such 30-day period.''.
----------
8. An Amendment To Be Offered by Representative Waters of California or
Her Designee, Debatable for 10 Minutes
Page 23, line 17, strike ``section 1361A(b)'' and insert
``section 1366(j)''.
Strike line 10 on page 47 and all that follows through page
48, line 15.
Strike line 16 on page 48 and all that follows through page
49, line 19 and insert the following new section:
SEC. 12. MITIGATION ASSISTANCE.
(a) Mitigation Assistance Grants.--Section 1366 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is
amended--
(1) in subsection (a), by striking the last sentence
and inserting the following: ``Such financial
assistance shall be made available--
``(1) to States and communities in the form of grants
under this section for carrying out mitigation
activities;
``(2) to States and communities in the form of grants
under this section for carrying out mitigation
activities that reduce flood damage to severe
repetitive loss structures; and
``(3) to property owners in the form of direct grants
under this section for carrying out mitigation
activities that reduce flood damage to individual
structures for which 2 or more claim payments for
losses have been made under flood insurance coverage
under this title if the Administrator, after
consultation with the State and community, determines
that neither the State nor community in which such a
structure is located has the capacity to manage such
grants.''.
(2) by striking subsection (b);
(3) in subsection (c)--
(A) by striking ``flood risk'' and inserting
``multi-hazard'';
(B) by striking ``provides protection
against'' and inserting ``examines reduction
of''; and
(C) by redesignating such subsection as
subsection (b);
(4) by striking subsection (d);
(5) in subsection (e)--
(A) in paragraph (1), by striking the
paragraph designation and all that follows
through the end of the first sentence and
inserting the following:
``(1) Requirement of consistency with approved
mitigation plan.--Amounts provided under this section
may be used only for mitigation activities that are
consistent with mitigation plans that are approved by
the Administrator and identified under subparagraph
(4).'';
(B) by striking paragraphs (2), (3), and (4)
and inserting the following new paragraphs:
``(2) Requirements of technical feasibility, cost
effectiveness, and interest of nfif.--The Administrator
may approve only mitigation activities that the
Administrator determines are technically feasible and
cost-effective and in the interest of, and represent
savings to, the National Flood Insurance Fund. In
making such determinations, the Administrator shall
take into consideration recognized benefits that are
difficult to quantify.
``(3) Priority for mitigation assistance.--In
providing grants under this section for mitigation
activities, the Administrator shall give priority for
funding to activities that the Administrator determines
will result in the greatest savings to the National
Flood Insurance Fund, including activities for--
``(A) severe repetitive loss structures;
``(B) repetitive loss structures; and
``(C) other subsets of structures as the
Administrator may establish.'';
(C) in paragraph (5)--
(i) by striking all of the matter
that precedes subparagraph (A) and
inserting the following:
``(4) Eligible activities.--Eligible
activities may include--'';
(ii) by striking subparagraphs (E)
and (H);
(iii) by redesignating subparagraphs
(D), (F), and (G) as subparagraphs (F),
(H), and (I);
(iv) by inserting after subparagraph
(C) the following new subparagraphs:
``(D) demolition and rebuilding of properties
to at least base flood elevation or greater, if
required by the Administrator or if required by
any State regulation or local ordinance, and in
accordance with criteria established by the
Administrator;
``(E) elevation, relocation, and
floodproofing of utilities (including equipment
that serve structures);'';
(v) by inserting after subparagraph
(F), as so redesignated by clause (iii)
of this subparagraph, the following new
subparagraph:
``(G) the development or update of State,
local, or Indian tribal mitigation plans which
meet the planning criteria established by the
Administrator, except that the amount from
grants under this section that may be used
under this subparagraph may not exceed $50,000
for any mitigation plan of a State or $25,000
for any mitigation plan of a local government
or Indian tribe;'';
(vi) in subparagraph (I); as so
redesignated by clause (iii) of this
subparagraph, by striking ``and'' at
the end; and
(vii) by adding at the end the
following new subparagraphs:
``(J) other mitigation activities not
described in subparagraphs (A) through (H) or
the regulations issued under subparagraph (I),
that are described in the mitigation plan of a
State, community, or Indian tribe; and
``(K) personnel costs for State staff that
provide technical assistance to communities to
identify eligible activities, to develop grant
applications, and to implement grants awarded
under this section, not to exceed $50,000 per
State in any Federal fiscal year, so long as
the State applied for and was awarded at least
$1,000,000 in grants available under this
section in the prior Federal fiscal year; the
requirements of subsections (d)(1) and (d)(2)
shall not apply to the activity under this
subparagraph.''; and
(D) by redesignating such subsection as
subsection (c);
(6) by striking subsections (f), (g), and (h) and
inserting the following new subsection:
``(d) Matching Requirement.--The Administrator may provide
grants for eligible mitigation activities as follows:
``(1) Severe repetitive loss structures.--In the case
of mitigation activities to severe repetitive loss
structures, in an amount up to 100 percent of all
eligible costs.
``(2) Repetitive loss structures.--In the case of
mitigation activities to repetitive loss structures, in
an amount up to 90 percent of all eligible costs.
``(3) Other mitigation activities.-- In the case of
all other mitigation activities, in an amount up to 75
percent of all eligible costs.'';
(7) in subsection (i)--
(A) in paragraph (2)--
(i) by striking ``certified under
subsection (g)'' and inserting
``required under subsection (d)''; and
(ii) by striking ``3 times the
amount'' and inserting ``the amount'';
and
(B) by redesignating such subsection as
subsection (e);
(8) in subsection (j)--
(A) in paragraph (1), by striking ``Riegle
Community Development and Regulatory
Improvement Act of 1994'' and inserting ``Flood
Insurance Reform Act of 2011'';
(B) by redesignating such subsection as
subsection (f); and
(9) by striking subsections (k) and (m) and inserting
the following new subsections:
``(g) Failure To Make Grant Award Within 5 Years.--For any
application for a grant under this section for which the
Administrator fails to make a grant award within 5 years of the
date of application, the grant application shall be considered
to be denied and any funding amounts allocated for such grant
applications shall remain in the National Flood Mitigation Fund
under section 1367 of this title and shall be made available
for grants under this section.
``(h) Limitation on Funding for Mitigation Activities for
Severe Repetitive Loss Structures.--The amount used pursuant to
section 1310(a)(8) in any fiscal year may not exceed
$40,000,000 and shall remain available until expended.
``(i) Definitions.--For purposes of this section, the
following definitions shall apply:
``(1) Community.--The term `community' means--
``(A) a political subdivision that--
``(i) has zoning and building code
jurisdiction over a particular area
having special flood hazards, and
``(ii) is participating in the
national flood insurance program; or
``(B) a political subdivision of a State, or
other authority, that is designated by
political subdivisions, all of which meet the
requirements of subparagraph (A), to administer
grants for mitigation activities for such
political subdivisions.
``(2) Repetitive loss structure.--The term
`repetitive loss structure' has the meaning given such
term in section 1370.
``(3) Severe repetitive loss structure.--The term
`severe repetitive loss structure' means a structure
that--
``(A) is covered under a contract for flood
insurance made available under this title; and
``(B) has incurred flood-related damage--
``(i) for which 4 or more separate
claims payments have been made under
flood insurance coverage under this
title, with the amount of each such
claim exceeding $15,000, and with the
cumulative amount of such claims
payments exceeding $60,000; or
``(ii) for which at least 2 separate
claims payments have been made under
such coverage, with the cumulative
amount of such claims exceeding the
value of the insured structure.''.
(b) Elimination of Grants Program for Repetitive Insurance
Claims Properties.--Chapter I of the National Flood Insurance
Act of 1968 is amended by striking section 1323 (42 U.S.C.
4030).
(c) Elimination of Pilot Program for Mitigation of Severe
Repetitive Loss Properties.--Chapter III of the National Flood
Insurance Act of 1968 is amended by striking section 1361A (42
U.S.C. 4102a).
(d) National Flood Insurance Fund.--Section 1310(a) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is
amended--
(1) in paragraph (6), by inserting ``and'' after the
semicolon;
(2) in paragraph (7), by striking the semicolon and
inserting a period; and
(3) by striking paragraphs (8) and (9).
(e) National Flood Mitigation Fund.--Section 1367 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104d) is
amended--
(1) in subsection (b)--
(A) by striking paragraph (1) and inserting
the following new paragraph:
``(1) in each fiscal year, from the National Flood
Insurance Fund in amounts not exceeding $90,000,000 to
remain available until expended, of which--
``(A) not more than $40,000,000 shall be
available pursuant to subsection (a) of this
section only for assistance described in
section 1366(a)(1);
``(B) not more than $40,000,000 shall be
available pursuant to subsection (a) of this
section only for assistance described in
section 1366(a)(2); and
``(C) not more than $10,000,000 shall be
available pursuant to subsection (a) of this
section only for assistance described in
section 1366(a)(3).''.
(B) in paragraph (3), by striking ``section
1366(i)'' and inserting ``section 1366(e)'';
(2) in subsection (c), by striking ``sections 1366
and 1323'' and inserting ``section 1366'';
(3) by redesignating subsections (d) and (e) as
subsections (f) and (g), respectively; and
(4) by inserting after subsection (c) the following
new subsections:
``(d) Prohibition on Offsetting Collections.--Notwithstanding
any other provision of this title, amounts made available
pursuant to this section shall not be subject to offsetting
collections through premium rates for flood insurance coverage
under this title.
``(e) Continued Availability and Reallocation.--Any amounts
made available pursuant to subparagraph (A), (B), or (C) of
subsection (b)(1) that are not used in any fiscal year shall
continue to be available for the purposes specified in such
subparagraph of subsection (b)(1) pursuant to which such
amounts were made available, unless the Administrator
determines that reallocation of such unused amounts to meet
demonstrated need for other mitigation activities under section
1366 is in the best interest of the National Flood Insurance
Fund.''.
(f) Increased Cost of Compliance Coverage.--Section
1304(b)(4) of the National Flood Insurance Act of 1968 (42
U.S.C. 4011(b)(4)) is amended--
(1) by striking subparagraph (B); and
(2) by redesignating subparagraphs (C), (D), and (E)
as subparagraphs (B), (C), and (D), respectively.
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9. An Amendment To Be Offered by Representative Palazzo of Mississippi
or His Designee, Debatable for 10 Minutes
Page 32, line 6, before the period insert the following: ``,
and includes an adequate number of representatives from the
States with coastline on the Gulf of Mexico and other States
containing areas identified by the Administrator of the Federal
Emergency Management Agency as at high-risk for flooding or
special flood hazard areas''.
----------
10. An Amendment To Be Offered by Representative Walberg of Michigan or
His Designee, Debatable for 10 Minutes
Page 36, after line 3, insert the following new subsection:
(i) Moratorium on Flood Map Changes.--
(1) Moratorium.--Except as provided in paragraph (2)
and notwithstanding any other provision of this Act,
the National Flood Insurance Act of 1968, or the Flood
Disaster Protection Act of 1973, during the period
beginning upon the date of the enactment of this Act
and ending upon the submission by the Council to the
Administrator and the Congress of the proposed new
mapping standards required under subsection (c)(1), the
Administrator may not make effective any new or updated
rate maps for flood insurance coverage under the
national flood insurance program that were not in
effect for such program as of such date of enactment,
or otherwise revise, update, or change the flood
insurance rate maps in effect for such program as of
such date.
(2) Letters of map change.--During the period
described in paragraph (1), the Administrator may
revise, update, and change the flood insurance rate
maps in effect for the national flood insurance program
only pursuant to a letter of map change (including a
letter of map amendment, letter of map revision, and
letter of map revision based on fill).
----------
11. An Amendment To Be Offered by Representative Cardoza of California
or His Designee, Debatable for 10 Minutes
Page 36, line 23, after the semicolon insert ``and''.
Page 37, strike lines 1 through 3.
Page 37, line 4, strike ``(C)'' and insert ``(B)''.
----------
12. An Amendment To Be Offered by Representative Burton of Indiana or
His Designee, Debatable for 10 Minutes
Page 50, line 20, insert ``TO MEMBERS OF CONGRESS'' after
``NOTIFICATION''.
Page 51, after line 11, insert the following new section:
SEC. 16. NOTIFICATION AND APPEAL OF MAP CHANGES; NOTIFICATION TO
COMMUNITIES OF ESTABLISHMENT OF FLOOD ELEVATIONS.
Section 1363 of the National Flood Insurance Act of 1968 (42
U.S.C. 4104) is amended by striking the section designation and
all that follows through the end of subsection (a) and
inserting the following:
``Sec. 1363. (a) In establishing projected flood elevations
for land use purposes with respect to any community pursuant to
section 1361, the Director shall first propose such
determinations--
``(1) by providing the chief executive officer of
each community affected by the proposed elevations, by
certified mail, with a return receipt requested, notice
of the elevations, including a copy of the maps for the
elevations for such community and a statement
explaining the process under this section to appeal for
changes in such elevations;
``(2) by causing notice of such elevations to be
published in the Federal Register, which notice shall
include information sufficient to identify the
elevation determinations and the communities affected,
information explaining how to obtain copies of the
elevations, and a statement explaining the process
under this section to appeal for changes in the
elevations;
``(3) by publishing in a prominent local newspaper
the elevations, a description of the appeals process
for flood determinations, and the mailing address and
telephone number of a person the owner may contact for
more information or to initiate an appeal; and
``(4) by providing written notification, by first
class mail, to each owner of real property affected by
the proposed elevations of--
``(A) the status of such property, both prior
to and after the effective date of the proposed
determination, with respect to flood zone and
flood insurance requirements under this Act and
the Flood Disaster Protection Act of 1973;
``(B) the process under this section to
appeal a flood elevation determination; and
``(C) the mailing address and phone number of
a person the owner may contact for more
information or to initiate an appeal.''.
----------
13. An Amendment To Be Offered by Representative McGovern of
Massachusetts or His Designee, Debatable for 10 Minutes
Page 55, line 4, before ``OBTAINING'' insert ``AND
COMMUNITIES''.
Page 55, line 5, before the period insert ``OR REVISION''.
Page 55, line 14, after ``1973'' insert ``, or a community in
which such a property is located,''.
Page 55, line 15, before ``due'' insert ``, or a letter of
map revision,''.
Page 55, line 19, after ``behalf,'' insert ``or such
community, as applicable,''.
Page 56, line 2, after ``owner'' insert ``or community, as
applicable,''.
----------
14. An Amendment To Be Offered by Representative Brady of Texas or His
Designee, Debatable for 10 Minutes
Page 56, after line 9, insert the following new section:
SEC. 20. NOTIFICATION TO RESIDENTS NEWLY INCLUDED IN FLOOD HAZARD
AREAS.
Section 1360 of the National Flood Insurance Act of 1968 (42
U.S.C. 4101), as amended by the preceding provisions of this
Act, is further amended by adding at the end the following new
subsection:
``(n) Notification to Residents Newly Included in Flood
Hazard Area.--In revising or updating any areas having special
flood hazards, the Administrator shall provide to each owner of
a property to be newly included in such a special flood hazard
area, at the time of issuance of such proposed revised or
updated flood insurance maps, a copy of the proposed revised or
updated flood insurance maps together with information
regarding the appeals process under section 1363 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104).''.
----------
15. An Amendment To Be Offered by Representative Cuellar of Texas or
His Designee, Debatable for 10 Minutes
Page 56, after line 9, insert the following new section:
SEC. 20. ENHANCED COMMUNICATION WITH CERTAIN COMMUNITIES DURING MAP
UPDATING PROCESS.
Section 1360 of the National Flood Insurance Act of 1968 (42
U.S.C. 4101), as amended by the preceding provisions of this
Act, is further amended by adding at the end the following new
subsection:
``(n) Enhanced Communication With Certain Communities During
Map Updating Process.--In updating flood insurance maps under
this section, the Administrator shall communicate with
communities located in areas where flood insurance rate maps
have not been updated in 20 years or more and the appropriate
State emergency agencies to resolve outstanding issues, provide
technical assistance, and disseminate all necessary information
to reduce the prevalence of outdated maps in flood-prone
areas.''.
----------
16. An Amendment To Be Offered by Representative Sherman of California
or His Designee, Debatable for 10 Minutes
Page 57, after line 2, insert the following new section:
SEC. 21. FEMA AUTHORITY TO REJECT TRANSFER OF POLICIES.
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:
``(d) FEMA Authority To Reject Transfer of Policies.--
Notwithstanding any other provision of this Act, the
Administrator may, at the discretion of the Administrator,
refuse to accept the transfer of the administration of policies
for coverage under the flood insurance program under this title
that are written and administered by any insurance company or
other insurer, or any insurance agent or broker.''.
Strike line 23 on page 64 and all that follows through page
65, line 5, and insert the following new section:
SEC. 24. REQUIRING COMPETITION FOR NATIONAL FLOOD INSURANCE PROGRAM
POLICIES.
(a) Report.--Not later than the expiration of the 90-day
period beginning upon the date of the enactment of this Act,
the Administrator of the Federal Emergency Management Agency,
in consultation with insurance companies, insurance agents and
other organizations with which the Administrator has
contracted, shall submit to the Congress a report describing
procedures and policies that the Administrator shall implement
to limit the percentage of policies for flood insurance
coverage under the national flood insurance program that are
directly managed by the Agency to not more than 10 percent of
the aggregate number of flood insurance policies in force under
such program.
(b) Implementation.--Upon submission of the report under
subsection (a) to the Congress, the Administrator shall
implement the policies and procedures described in the report.
The Administrator shall, not later than the expiration of the
12-month period beginning upon submission of such report,
reduce the number of policies for flood insurance coverage that
are directly managed by the Agency, or by the Agency's direct
servicing contractor that is not an insurer, to not more than
10 percent of the aggregate number of flood insurance policies
in force as of the expiration of such 12-month period.
(c) Continuation of Current Agent Relationships.--In carrying
out subsection (b), the Administrator shall ensure that--
(1) agents selling or servicing policies described in
such subsection are not prevented from continuing to
sell or service such policies; and
(2) insurance companies are not prevented from
waiving any limitation such companies could otherwise
enforce to limit any such activity.
----------
17. An Amendment To Be Offered by Representative Loebsack of Iowa or
His Designee, Debatable for 10 Minutes
Page 57, after line 2, insert the following new section:
SEC. 21. APPEALS.
(a) Television and Radio Announcement.--Section 1363 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104) is
amended--
(1) in subsection (a), by inserting after
``determinations'' by inserting the following: ``by
notifying a local television and radio station,''; and
(2) in the first sentence of subsection (b), by
inserting before the period at the end the following:
``and shall notify a local television and radio station
at least once during the same 10-day period''.
(b) Extension of Appeals Period.--Subsection (b) of section
1363 of the National Flood Insurance Act of 1968 (42 U.S.C.
4104(b)) is amended--
(1) by striking ``(b) The Director'' and inserting
``(b)(1) The Administrator''; and
(2) by adding at the end the following new paragraph:
``(2) The Administrator shall grant an extension of the 90-
day period for appeals referred to in paragraph (1) for 90
additional days if an affected community certifies to the
Administrator, after the expiration of at least 60 days of such
period, that the community--
``(A) believes there are property owners or lessees
in the community who are unaware of such period for
appeals; and
``(B) will utilize the extension under this paragraph
to notify property owners or lessees who are affected
by the proposed flood elevation determinations of the
period for appeals and the opportunity to appeal the
determinations proposed by the Administrator.''.
(c) Applicability.--The amendments made by subsections (a)
and (b) shall apply with respect to any flood elevation
determination for any area in a community that has not, as of
the date of the enactment of this Act, been issued a Letter of
Final Determination for such determination under the flood
insurance map modernization process.
----------
18. An Amendment To Be Offered by Representative Palazzo of Mississippi
or His Designee, Debatable for 10 Minutes
Page 57, after line 2, insert the following new section:
SEC. 21. INFORMATION REGARDING MULTIPLE PERILS CLAIMS.
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:
``(d) Information Regarding Multiple Perils Claims.--
``(1) In general.--Subject to paragraph (2), if an
insured having flood insurance coverage under a policy
issued under the program under this title by the
Administrator or a company, insurer, or entity offering
flood insurance coverage under such program (in this
subsection referred to as a `participating company')
has wind or other homeowners coverage from any company,
insurer, or other entity covering property covered by
such flood insurance, in the case of damage to such
property that may have been caused by flood or by wind,
the Administrator and the participating company, upon
the request of the insured, shall provide to the
insured, within 30 days of such request--
``(A) a copy of the estimate of structure
damage;
``(B) proofs of loss;
``(C) any expert or engineering reports or
documents commissioned by or relied upon by the
Administrator or participating company in
determining whether the damage was caused by
flood or any other peril; and
``(D) the Administrator's or the
participating company's final determination on
the claim.
``(2) Timing.--Paragraph (1) shall apply only with
respect to a request described in such paragraph made
by an insured after the Administrator or the
participating company, or both, as applicable, have
issued a final decision on the flood claim involved and
resolution of all appeals with respect to such
claim.''.
----------
19. An Amendment To Be Offered by Representative Westmoreland of
Georgia or His Designee, Debatable for 10 Minutes
Page 57, after line 2, insert the following new section:
SEC. 21. RESERVE FUND.
(a) Establishment.--Chapter I of the National Flood Insurance
Act of 1968 is amended by inserting after section 1310 (42
U.S.C. 4017) the following new section:
``SEC. 1310A. RESERVE FUND.
``(a) Establishment of Reserve Fund.--In carrying out the
flood insurance program authorized by this title, the
Administrator shall establish in the Treasury of the United
States a National Flood Insurance Reserve Fund (in this section
referred to as the `Reserve Fund') which shall--
``(1) be an account separate from any other accounts
or funds available to the Administrator; and
``(2) be available for meeting the expected future
obligations of the flood insurance program.
``(b) Reserve Ratio.--Subject to the phase-in requirements
under subsection (d), the Reserve Fund shall maintain a balance
equal to--
``(1) 1 percent of the sum of the total potential
loss exposure of all outstanding flood insurance
policies in force in the prior fiscal year; or
``(2) such higher percentage as the Administrator
determines to be appropriate, taking into consideration
any circumstance that may raise a significant risk of
substantial future losses to the Reserve Fund.
``(c) Maintenance of Reserve Ratio.--
``(1) In general.--The Administrator shall have the
authority to establish, increase, or decrease the
amount of aggregate annual insurance premiums to be
collected for any fiscal year necessary--
``(A) to maintain the reserve ratio required
under subsection (b); and
``(B) to achieve such reserve ratio, if the
actual balance of such reserve is below the
amount required under subsection (b).
``(2) Considerations.--In exercising the authority
under paragraph (1), the Administrator shall consider--
``(A) the expected operating expenses of the
Reserve Fund;
``(B) the insurance loss expenditures under
the flood insurance program;
``(C) any investment income generated under
the flood insurance program; and
``(D) any other factor that the Administrator
determines appropriate.
``(3) Limitations.--In exercising the authority under
paragraph (1), the Administrator shall be subject to
all other provisions of this Act, including any
provisions relating to chargeable premium rates and
annual increases of such rates.
``(d) Phase-in Requirements.--The phase-in requirements under
this subsection are as follows:
``(1) In general.--Beginning in fiscal year 2012 and
not ending until the fiscal year in which the ratio
required under subsection (b) is achieved, in each such
fiscal year the Administrator shall place in the
Reserve Fund an amount equal to not less than 7.5
percent of the reserve ratio required under subsection
(b).
``(2) Amount satisfied.--As soon as the ratio
required under subsection (b) is achieved, and except
as provided in paragraph (3), the Administrator shall
not be required to set aside any amounts for the
Reserve Fund.
``(3) Exception.--If at any time after the ratio
required under subsection (b) is achieved, the Reserve
Fund falls below the required ratio under subsection
(b), the Administrator shall place in the Reserve Fund
for that fiscal year an amount equal to not less than
7.5 percent of the reserve ratio required under
subsection (b).
``(e) Limitation on Reserve Ratio.--In any given fiscal year,
if the Administrator determines that the reserve ratio required
under subsection (b) cannot be achieved, the Administrator
shall submit a report to the Congress that--
``(1) describes and details the specific concerns of
the Administrator regarding such consequences;
``(2) demonstrates how such consequences would harm
the long-term financial soundness of the flood
insurance program; and
``(3) indicates the maximum attainable reserve ratio
for that particular fiscal year.
``(f) Availability of Amounts.--The reserve ratio
requirements under subsection (b) and the phase-in requirements
under subsection (d) shall be subject to the availability of
amounts in the National Flood Insurance Fund for transfer under
section 1310(a)(10), as provided in section 1310(f).''.
(b) Funding.--Subsection (a) of section 1310 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(10) for transfers to the National Flood Insurance
Reserve Fund under section 1310A, in accordance with
such section.''.
----------
20. An Amendment To Be Offered by Representative Miller of Michigan or
Her Designee, Debatable for 10 Minutes
Page 64, after line 2, insert the following new section:
SEC. 23. TERMINATION OF BROADCAST PERSONIFIED FLOOD INSURANCE
COMMERCIALS.
Prohibition.--The Administrator of the Federal Emergency
Management Agency may not, after the date of the enactment of
this Act, obligate any amounts for purchasing time or space for
any advertisement or commercial for flood insurance coverage
under the national flood insurance program under the National
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.). This
subsection may not be construed to prohibit obligation of
amounts for dissemination of information regarding such program
to holders of flood insurance policies under such program.
(b) Reduction of National Flood Insurance Fund Debt.--Any
amounts made available to the Administrator and allocated for
advertising or commercials described in subsection (a) that
remain unobligated on he date of the enactment of this Act
shall be used only for reducing the debt of the National Flood
Insurance Fund incurred pursuant to the authority under section
1309 of the National Flood Insurance Act of 1968 (42 U.S.C.
4016).
----------
21. An Amendment To Be Offered by Representative Luetkemeyer of
Missouri or His Designee, Debatable for 10 Minutes
Page 70, after line 5, insert the following new section:
SEC. 27. REPORT ON FLOOD-IN-PROGRESS DETERMINATION.
The Administrator of the Federal Emergency Management Agency
shall review the processes and procedures for determining that
a flood event has commenced or is in progress for purposes of
flood insurance coverage made available under the national
flood insurance program under the National Flood Insurance Act
of 1968 and for providing public notification that such an
event has commenced or is in progress. In such review, the
Administrator shall take into consideration the effects and
implications that weather conditions, such as rainfall,
snowfall, projected snowmelt, existing water levels, and other
conditions have on the determination that a flood event has
commenced or is in progress. Not later than the expiration of
the 6-month period beginning upon the date of the enactment of
this Act, the Administrator shall submit a report to the
Congress setting forth the results and conclusions of the
review undertaken pursuant to this section and any actions
undertaken or proposed actions to be taken to provide for a
more precise and technical determination that a flooding event
has commenced or is in progress.
----------
22. An Amendment To Be Offered by Representative Canseco of Texas or
His Designee, Debatable for 10 Minutes
On page 70, after line 5, insert the following new section:
SEC. 27. STUDY ON REPAYING FLOOD INSURANCE DEBT.
Not later than the expiration of the 6-month period beginning
on the date of the enactment of this Act, the Administrator of
the Federal Emergency Management Agency shall submit a report
to the Congress setting forth a plan for repaying within 10
years all amounts, including any amounts previously borrowed
but not yet repaid, owed pursuant to clause (2) of subsection
(a) of section 1309 of the National Flood Insurance Act of 1968
(42 U.S.C. 4016(a)(2)).
----------
23. An Amendment To Be Offered by Representative Scott of Virginia or
His Designee, Debatable for 10 Minutes
Page 70, after line 5, insert the following new section:
SEC. 27. STUDY OF ALL-PERIL INSURANCE COVERAGE FOR RESIDENTIAL
PROPERTIES.
(a) Study.--The Comptroller General of the United States
shall conduct a study to determine various means and methods by
which a market could be established, and the effectiveness and
feasibility of each such means and method, for providing all-
peril insurance coverage for residential properties. Such study
shall analyze and determine, for only residential properties
with mortgages insured under the FHA mortgage insurance
programs of the Secretary of Housing and Urban Development, and
for all residential properties--
(1) whether a viable insurance market could be
established, including by establishment of a Federal
program for reinsurance for such all-peril insurance
coverage and by other means and methods;
(2) the effects of each such means and method of
establishing such a market in facilitating and
encouraging the private insurance market to develop and
offer all-peril insurance products for residential
properties;
(3) the cost of such all-peril insurance coverage for
various types of residential properties; and
(4) the effects that requiring such insurance
coverage would have on prices for existing housing and
for housing constructed in the future.
(b) Report.--Not later than the expiration of the 12-month
period beginning on the date of the enactment of this Act, the
Comptroller General shall submit to the Congress a report
describing the study conducted pursuant to subsection (a) and
the analysis conducted under such study, and setting forth the
results and determinations of the study.
(c) All-peril Insurance.--For purposes of this section, the
term ``all-peril insurance'' means, with respect a residential
property, insurance coverage meeting the following
requirements:
(1) Substantial deductible.--The coverage is made
available subject to a substantial deductible in
relation to the amount of coverage provided.
(2) Covered losses.--The coverage covers only damage
and losses to the property that--
(A) render the property uninhabitable or
substantially impair the habitability of the
property; and
(B) result from any of the following
hazards--
(i) movement of the earth, including
earthquakes, shockwaves, sinkholes,
landslides, and mudflows;
(ii) water damage, including floods,
sewer back-ups, and water seepage
through the foundation;
(iii) war, including undeclared war
and civil war;
(iv) nuclear hazards, including
explosion of nuclear devices and
nuclear reactor accidents;
(v) governmental action, including
the destruction, confiscation, or
seizure of covered property by any
governmental or public authority; or
(vi) bad repair or workmanship on a
property, use of faulty construction
materials in a property, or defective
maintenance to a property.
----------
24. An Amendment To Be Offered by Representative Walz of Minnesota or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following new section:
SEC. 28. AUTHORITY FOR THE CORPS OF ENGINEERS TO PROVIDE SPECIALIZED OR
TECHNICAL SERVICES.
(a) In General.--Notwithstanding any other provision of law,
upon the request of a State or local government, the Secretary
of the Army may evaluate a levee system that was designed or
constructed by the Secretary for the purposes of the National
Flood Insurance Program established under chapter 1 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.).
(b) Requirements.--A levee system evaluation under subsection
(a) shall--
(1) comply with applicable regulations related to
areas protected by a levee system;
(2) be carried out in accordance with such procedures
as the Secretary, in consultation with the
Administrator of the Federal Emergency Management
Agency, may establish; and
(3) be carried out only if the State or local
government agrees to reimburse the Secretary for all
cost associated with the performance of the activities.
----------
25. An Amendment To Be Offered by Representative Miller of Michigan or
Her Designee, Debatable for 10 Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Flood Insurance
Program Termination Act of 2011''.
SEC. 2. TERMINATION OF NATIONAL FLOOD INSURANCE PROGRAM.
(a) Termination of Authority To Provide Coverage.--Effective
January 1, 2012, the Administrator of the Federal Emergency
Management Agency (in this section referred to as the
``Administrator'') shall not provide any new flood insurance
coverage, or renew any coverage provided before such date,
under the National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.).
(b) Treatment of Existing Coverage.--Subsection (a) shall
not--
(1) affect any flood insurance coverage provided
under such Act under a contract or agreement entered
into before the date specified in such subsection and,
notwithstanding the repeals under section 3, such
provisions as in effect immediately before such repeal
shall continue to apply with respect to flood insurance
coverage in force after such repeal; or
(2) require the termination of any contract or other
agreement for flood insurance coverage entered into
before such date.
(c) Wind-Up.--After the date specified in subsection (a), the
Administrator shall take such actions as may be necessary steps
to wind up the affairs of the National Flood Insurance Program.
(d) Treatment of Funds.--Amounts in the National Flood
Insurance Fund established under section 1310 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4017) shall be available
to the Administrator for performing the functions of the
Administrator with respect to flood insurance coverage
remaining in force after the date specified in subsection (a).
Upon the expiration of the contracts and agreements for such
coverage, any unexpended balances in such Fund shall be
deposited in the Treasury as miscellaneous receipts.
(e) Savings Provisions.--
(1) Treatment of prior determinations.--The repeals
made by section 3 of the provisions of law specified in
such section shall not affect any order, determination,
regulation, or contract that has been issued, made, or
allowed to become effective under such provisions
before the effective date of the repeal. All such
orders, determinations, regulations, and contracts
shall continue in effect until modified, superseded,
terminated, set aside, or revoked in accordance with
law by the President, the Administrator, or other
authorized official, a court of competent jurisdiction,
or by operation of law.
(2) Pending proceedings.--
(A) Effect on pending proceedings.--The
repeals made by section 3 shall not affect any
proceedings relating to the National Flood
Insurance Program, including notices of
proposed rulemaking, pending on the effective
date of the repeals, before the Federal
Emergency Management Agency, except that no
assistance or flood insurance coverage may be
provided pursuant to any application pending on
such effective date. Such proceedings, to the
extent that they relate to functions performed
by the Administrator after such repeal, shall
be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom,
and payments shall be made pursuant to such
orders, as if this Act had not been enacted;
and orders issued in any such proceedings shall
continue in effect until modified, terminated,
superseded, or revoked by the Administrator, by
a court of competent jurisdiction, or by
operation of law.
(B) Construction.--Nothing in this subsection
may be construed to prohibit the discontinuance
or modification of any proceeding described in
subparagraph (A) under the same terms and
conditions and to the same extent that such
proceeding could have been discontinued or
modified if this section had not been enacted.
(3) Actions.--This section shall not affect suits
commenced before the effective date of the repeals made
by section 3, and in all such suits, proceedings shall
be had, appeals taken, and judgments rendered in the
same manner and effect as if this section had not been
enacted.
(4) Liabilities incurred.--No suit, action, or other
proceeding commenced by or against an individual in the
official capacity of such individual as an officer of
the Federal Emergency Management Agency having any
responsibility for the National Flood Insurance Program
shall abate by reason of the enactment of this section.
No cause of action relating to such Program, by or
against the Federal Emergency Management Agency, or by
or against any officer thereof in the official capacity
of such officer having any responsibility for such
program, shall abate by reason of the enactment of this
section.
SEC. 3. REPEALS AND CONTINUATION OF FEMA MAPPING RESPONSIBILITIES.
(a) National Flood Insurance Act of 1968.--The National Flood
Insurance Act of 1968 is amended--
(1) by striking section 1302 (42 U.S.C. 4001);
(2) by striking chapters I and II (42 U.S.C. 4011 et
seq.);
(3) in section 1360 (42 U.S.C. 4101)--
(A) in subsection (a)(2), by striking ``until
the date specified in section 1319'';
(B) by striking subsection (d);
(C) in subsection (g)--
(i) by striking ``To promote
compliance with the requirements of
this title, the'' and inserting
``The'';
(ii) by striking ``directly
responsible for coordinating the
national flood insurance program'';
(iii) in the last sentence, by
striking ``National Flood Insurance
Fund, pursuant to section 1310(b)(6)''
and inserting the following: ``General
Fund of the Treasury and shall be used
only for reducing the budget deficit of
the Federal Government''; and
(D) in subsection (i)--
(i) by striking ``free of charge''
and inserting ``at cost'';
(ii) by striking ``and States and
communities participating in the
national flood insurance program
pursuant to section 1310 and at cost to
all other'' and inserting ``, States
and communities, and other
interested''; and
(iii) in the he last sentence, by
striking ``National Flood Insurance
Fund, pursuant to section 1310(b)(6)''
and inserting the following: ``General
Fund of the Treasury and shall be used
only for reducing the budget deficit of
the Federal Government'';
(4) by striking sections 1361A (42 U.S.C. 4102a);
(5) in section 1363(e) (42 U.S.C. 4104(e)), by
striking the third and fifth sentences; and
(6) in section 1364 (42 U.S.C. 4104a)--
(A) in subsection (a)--
(i) in paragraphs (1) and (2), by
striking ``or the Flood Disaster
Protection Act of 1973'' each place
such term appears; and
(ii) in paragraph (3)--
(I) by striking subparagraphs
(B) and (C) and inserting the
following:
``(B) a statement that flood insurance
coverage may be available in the private market
or through a State-sponsored program; and'';
and
(II) by redesignating
subparagraph (D) as
subparagraph (C);
(B) by striking subsections (b) and (c);
(7) in section 1365 (42 U.S.C. 4104b)--
(A) in subsection (a), by striking ``and in
which flood insurance under this title is
available''; and
(B) in subsection (b)--
(i) by striking paragraph (1); and
(ii) in paragraph (2)--
(I) in the first sentence, by
striking ``the community
identification number and
community participation status
(for purposes of the national
flood insurance program) of the
community in which the improved
real estate or such property is
located,''; and
(II) in the third sentence,
by striking ``because the
building or mobile home is not
located in a community that is
participating in the national
flood insurance program or'';
(8) by striking sections 1366 and 1367 (42 U.S.C.
4104c, 4104d);
(9) in section 1370 (42 U.S.C. 4121)--
(A) by striking paragraphs (3), (4), (5),
(7), (14), and (15);
(B) in paragraph (12)(B), by striking the
semicolon at the end and inserting ``; and'';
(C) in paragraph (13), by striking the
semicolon at the end and inserting a period;
and
(D) by redesignating paragraphs (6), (8),
(9), (10), (11), (12), and (13), as so amended,
as paragraphs (3), (4), (5), (6), (7), (8), and
(9), respectively;
(10) by striking sections 1371 through 1375 (42
U.S.C. 4122-26);
(11) in section 1376 (42 U.S.C. 4127)--
(A) in subsection (a), by striking ``to carry
out this title'' and all that follows through
the end of paragraph (3) and inserting ``to
carry out the mapping, studies, investigations,
and other responsibilities of the Director
under this title''; and
(B) by striking subsection (c); and
(12) by striking section 1377 (42 U.S.C. 4001 note).
(b) Flood Disaster Protection Act of 1973.--The Flood
Disaster Protection Act of 1973 is amended--
(1) by striking section 2 (42 U.S.C. 4002);
(2) by striking section 102 (42 U.S.C. 4012a);
(3) in section 201 (42 U.S.C. 4105)--
(A) by striking subsection (a) and inserting
the following new subsection:
``(a) As information becomes available to the Director
concerning the existence of flood hazards, the Director shall
publish information in accordance with section 1360(a)(1) of
the National Flood Insurance Act of 1968 and shall notify the
chief executive officer of each known flood-prone community of
its tentative identification as a community containing one or
more areas having special flood hazards.'';
(B) in subsection (b), by striking ``shall
either (1) promptly make proper application to
participate in the national flood insurance
program or (2)'' and inserting ``may'';
(C) by striking subsections (c) and (d);
(D) by redesignating subsection (e) as
subsection (c); and
(4) by striking section 202 (42 U.S.C. 4106).
(c) Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of
2004.--Title II of the Bunning-Bereuter-Blumenauer Flood
Insurance Reform Act of 2004 (42 U.S.C. 4011 note).
(d) National Flood Insurance Reform Act of 1994.--The
National Flood Insurance Reform Act of 1994 is amended by
striking sections 561 (42 U.S.C. 4011 note), 562 (42 U.S.C.
4102 note), 578 (42 U.S.C. 4014 note), 579(b), and 582 (42
U.S.C. 5154a).
(e) Federal Flood Insurance Act of 1956.--Section 15 of the
Federal Flood Insurance Act of 1956 (42 U.S.C. 2414) is amended
by striking subsection (e).
(f) Effective Date.--The amendments made by this section
shall take effect on January 1, 2012.
SEC. 4. INTERSTATE COMPACTS FOR FLOOD INSURANCE COVERAGE.
(a) Congressional Consent.--The consent of the Congress is
hereby given to any two or more States to enter into agreement
or compacts, not in conflict with any law of the United States,
for making available to interested persons insurance coverage
against loss resulting from physical damage to or loss of real
property or personal property related thereto arising from any
flood occurring in the United States.
(b) Rights Reserved.--The right to alter, amend, or repeal
this section, or consent granted by this section, is expressly
reserved to the Congress.