Union Calendar No. 210
116th CONGRESS 1st Session |
[Report No. 116–262, Part I]
To reform and reauthorize the National Flood Insurance Program, and for other purposes.
June 10, 2019
Ms. Waters introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
October 28, 2019
Reported from the Committee on Financial Services with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
October 28, 2019
Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on June 10, 2019]
To reform and reauthorize the National Flood Insurance Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Short title.—This Act may be cited as the “National Flood Insurance Program Reauthorization Act of 2019”.
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Congressional findings.
Sec. 101. Program extension.
Sec. 102. Demonstration program for policy affordability.
Sec. 103. Premium and fees relief for families and small businesses.
Sec. 104. Monthly installment payment of premiums.
Sec. 105. State revolving loan funds for low-interest loans.
Sec. 106. Use of replacement cost value in estimating premium rates.
Sec. 107. Refund of premiums upon cancellation of policy because of replacement with private flood insurance.
Sec. 201. Reauthorization of appropriations for National Flood Mapping Program.
Sec. 202. National Flood Mapping Program.
Sec. 203. Flood mapping modernization and homeowner empowerment pilot program.
Sec. 204. Mapping improvements and reach.
Sec. 205. Appeals regarding existing flood maps.
Sec. 206. Appeals and publication of projected special flood hazard areas.
Sec. 207. Communication and outreach regarding map changes.
Sec. 208. Adoption of partial flood maps.
Sec. 209. New zone for levee-impacted areas.
Sec. 210. Agricultural structures in special flood hazard zones.
Sec. 211. Technical Mapping Advisory Council.
Sec. 301. Increased cost of compliance coverage.
Sec. 302. Multiple-loss properties.
Sec. 303. Premium rates for certain mitigated properties.
Sec. 304. Coverage for cooperatives.
Sec. 305. Voluntary community-based flood insurance pilot program.
Sec. 306. Mitigation funding.
Sec. 307. Community Rating System improvements.
Sec. 308. Community assistance program for effective floodplain management.
Sec. 401. Effect of private flood insurance coverage on continuous coverage requirements.
Sec. 402. Optional coverage for umbrella policies.
Sec. 403. Annual independent actuarial study.
Sec. 404. Sharing of and access to information.
Sec. 405. Elevation certificates.
Sec. 406. Leveraging risk transfer opportunities for a sound financial framework.
Sec. 407. Write-Your-Own arrangements.
Sec. 408. Study on increasing participation.
The Congress finds that—
(1) since 2016, communities and families across the United States have suffered over $300 billion in losses as a result of flooding;
(3) the National Flood Insurance Program (NFIP) is a key component of the Federal Government’s efforts to minimize the damage and financial impact of floods;
(4) the NFIP is the principal provider of flood insurance in the United States, covering over 5 million households and businesses across the country;
(a) Financing.—Subsection (a) of section 1309 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by striking “September 30, 2019” and inserting “September 30, 2024”.
(b) Program expiration.—Section 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking “September 30, 2019” and inserting “September 30, 2024”.
(a) Authority.—
(1) IN GENERAL.—The Administrator of the Federal Emergency Management Agency shall establish and carry out a demonstration program under this section to demonstrate the effectiveness of providing means-tested discounted rates for flood insurance coverage made available under the National Flood Insurance Act of 1968 for eligible households.
(b) Eligible households and properties.—The Administrator may provide discounted premium rates pursuant to this section only for properties that are—
(c) Income determinations.—For purposes of the program under this section, the Administrator shall make determinations of household income on an annual basis.
(d) Premium discounts.—Notwithstanding any provision of the National Flood Insurance Act of 1968, the chargeable premium rate for flood insurance coverage made available under the program under this section shall be an amount that does not exceed 2 percent of annual area median income for the area within which is located the property for which the coverage is provided.
(e) Disclosure of full-risk rate.—The Administrator shall provide to each policyholder purchasing flood insurance coverage under the program under this section for a property, not later than the commencement of the period of such coverage, a written statement setting forth the full actuarial premium rate for coverage for such property determined in accordance with section 1307(a)(1) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)), the amount of the premium discount for such coverage, and any other information the Administrator considers helpful to policyholders in understanding flood insurance coverage and costs.
(f) Guidance.—Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Administrator shall issue guidance providing for the establishment of the demonstration program under this section, which shall include—
(1) an estimation of the cost of the program stated in terms of the aggregate of premium discounts to be made available under the program;
(g) Report to Congress.—
(1) COLLECTION OF INFORMATION.—The Administrator shall collect by survey or other means, for each participating community in the national flood insurance program and regarding each year during the period beginning 5 years before implementation of the demonstration program under this section and ending upon the termination date under subsection (j), the following information:
(A) The demographic characteristics of households purchasing flood insurance coverage under such program.
(C) The number of properties located in areas for which a major disaster related to flooding was declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
(D) The number of policies made available under the national flood insurance program and the number and aggregate amount of claims submitted under such program.
(E) For all properties in such community receiving discounted coverage under the demonstration program under this section, the aggregate amount of the full actuarial premium rate for coverage that is determined in accordance with section 1307(a)(1) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)) and the aggregate amount of premium discounts provided under the demonstration program.
(2) REPORT TO CONGRESS.—Not later than the expiration of the 5-year period beginning upon the implementation of the demonstration program under this section, the Administrator shall submit to the Congress a report evaluating the effectiveness of the assistance provided under the program, which shall include—
(A) a statement of the number of households participating in the program and the rates of participation by communities participating in the national flood insurance program, including whether such rates of participation have changed by year; and
(B) an estimate of the cost of the program to the National Flood Insurance Fund under section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017).
(h) Definitions.—For purposes of this section, the following definitions shall apply:
(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of the Federal Emergency Management Agency.
(2) PREMIUM DISCOUNT.—The term “premium discount” means, with respect to a policy for flood insurance coverage under the national flood insurance program made available under the program under this section, the amount by which the full actuarial premium rate for coverage for such property that is determined in accordance with section 1307(a)(1) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)) exceeds the chargeable premium rate for the coverage made available under the program under this section.
(a) Repeal of surcharge.—
(1) REPEAL.—Section 1308A of the National Flood Insurance Act of 1968 (42 U.S.C. 4015a) is hereby repealed.
(2) CONFORMING AMENDMENTS.—The National Flood Insurance Act of 1968 is amended—
(A) in section 1308(m) (42 U.S.C. 4015(m))—
(B) in section 1310A(c) (42 U.S.C. 4017a(c)), by striking paragraph (4).
(b) Small loan exception to mandatory purchase requirement.—Subparagraph (A) of section 102(c)(2) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(c)(2)(A)) is amended by striking “$5,000” and inserting “$25,000”.
(a) Authority.—Subsection (g) of section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(g)) is amended—
(1) by striking the subsection designation and all that follows through “With respect” and inserting the following:
(2) by adding at the end the following:
“(2) MONTHLY INSTALLMENT PAYMENT OF PREMIUMS.—
“(A) EXEMPTION FROM RULEMAKING.—Until such time as the Administrator promulgates regulations implementing paragraph (1) of this subsection, the Administrator may adopt policies and procedures, notwithstanding any other provisions of law and in alignment and consistent with existing industry escrow and servicing standards, necessary to implement such paragraph without undergoing notice and comment rulemaking and without conducting regulatory analyses otherwise required by statute, regulation, or Executive order.
“(B) PILOT PROGRAM.—The Administrator may initially implement paragraph (1) of this subsection as a pilot program that provides for a gradual phase-in of implementation.
“(C) POLICYHOLDER PROTECTION.—The Administrator may—
(b) Implementation.—Clause (ii) of section 1307(a)(1)(B) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)(B)(ii)) is amended by inserting before “any administrative expenses” the following: “the costs associated with the monthly collection of premiums provided for in section 1308(g) (42 U.S.C. 4015(g)), but only if such costs exceed the operating costs and allowances set forth in clause (i) of this subparagraph, and”.
Chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) is amended by adding at the end the following new section:
“SEC. 1326. State revolving loan funds for low-interest loans.
“(a) Definitions.—In this section—
“(1) the term ‘Community Rating System’ means the community rating system carried out under section 1315(b);
“(2) the term ‘eligible State’ means a State, the District of Columbia, and the Commonwealth of Puerto Rico;
“(5) the term ‘low-income geographic area’ means an area described in paragraph (1) or (2) of section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a));
“(6) the term ‘low-income homeowner’ means the owner of a primary residence, the household income of which in a taxable year is not more than 80 percent of the median income for the area in which the residence is located;
“(8) the term ‘pre-FIRM building’ means a building for which construction or substantial improvement occurred before the effective date of the initial Flood Insurance Rate Map published by the Administrator under section 1360 for the area in which the building is located;
“(b) General authority.—
“(1) IN GENERAL.—The Administrator may enter into an agreement with an eligible State to provide a capitalization grant for the eligible State to establish a revolving fund that will provide funding assistance to help homeowners, businesses, nonprofit organizations, and communities reduce flood risk in order to decrease—
“(2) TIMING OF DEPOSIT AND AGREEMENTS FOR DISTRIBUTION OF FUNDS.—
“(A) IN GENERAL.—Not later than the last day of the fiscal year following the fiscal year in which a capitalization grant is made to a participating State under paragraph (1), the participating State shall—
“(ii) enter into one or more binding agreements that provide for the State to distribute the grant funds for purposes authorized under subsection (c) such that—
“(I) in the case of the initial grant made under this section to a State, not less than 75 percent of the amount of the grant funds shall be distributed before the expiration of the 24-month period beginning upon deposit of such funds in the State loan fund of the State; and
“(II) in the case of any subsequent grant made under this section to a State, not less than 90 percent of the amount of the grant funds made under the capitalization grant shall be distributed before the expiration of the 12-month period beginning upon deposit of such funds in the State loan fund of the State.
“(3) ALLOCATION.—
“(A) IN GENERAL.—The Administrator shall allocate amounts made available to carry out this section to participating States—
“(B) REQUIREMENTS.—The requirements described in this subparagraph are as follows:
“(i) Fifty percent of the total amount made available under subparagraph (A) shall be allocated so that each participating State receives the percentage amount that is obtained by dividing the number of properties that were insured under the national flood insurance program in that State in the fiscal year preceding the fiscal year in which the amount is allocated by the total number of properties that were insured under the national flood insurance program in the fiscal year preceding the fiscal year in which the amount is allocated.
“(ii) Fifty percent of the total amount made available under subparagraph (A) shall be allocated so that each participating State receives a percentage of funds that is equal to the product obtained under clause (iii)(IV) with respect to that participating State after following the procedures described in clause (iii).
“(iii) The procedures described in this clause are as follows:
“(I) Divide the total amount collected in premiums for properties insured under the national flood insurance program in each participating State during the previous fiscal year by the number of properties insured under the national flood insurance program in that State for that fiscal year.
“(iv) Except as provided in paragraph (5), in a fiscal year—
“(I) a participating State may not receive more than 15 percent of the total amount that is made available under subparagraph (A) in that fiscal year; and
“(II) if a participating State, based on the requirements under clauses (i) through (iii), would, but for the limit under subclause (I) of this clause, receive an amount that is greater than the amount the State is authorized to receive under that subclause, the difference between the authorized amount and the amount otherwise due to the State under clauses (i) through (iii) shall be allocated to other participating States—
“(aa) that, in that fiscal year, have not received an amount under subparagraph (A) that is more than the authorized amount under subclause (I) of this clause; and
“(bb) by using the requirements under clauses (i) through (iii), except that a participating State may receive an allocation under this subclause only if the allocation does not result in the State receiving a total amount for the fiscal year under subparagraph (A) that is greater than the authorized amount under subclause (I).
“(4) NO REVOLVING FUND REQUIRED.—
“(A) IN GENERAL.—Notwithstanding any other provision of this section, and subject to subparagraph (B), a participating State that receives less than $4,000,000 under paragraph (3)(B) in a fiscal year may distribute the funds directly in the form of grants or technical assistance for a purpose described in subsection (c)(2), without regard to whether the State has established a State loan fund.
“(B) STATE MATCHING.—A participating State that exercises the authority under subparagraph (A) in a fiscal year shall provide matching funds from non-Federal sources in an amount that is equal to 15 percent of the amount that the State receives under paragraph (3)(B) in that fiscal year for purposes described in subparagraph (A).
“(5) ALLOCATION OF REMAINING FUNDS.—After allocating amounts made available to carry out this section for a fiscal year in accordance with paragraph (3), the Administrator shall allocate any remaining amounts made available for that fiscal year to participating States, using the procedures described in clauses (i) through (iii) of paragraph (3)(B).
“(6) ALLOCATION FOR TRIBAL GOVERNMENTS AND INSULAR AREAS.—The Administrator shall reserve not less than 5.0 percent of the amount made available to carry out this section in a fiscal year to enter into grant agreements with tribal governments and insular areas, with the grant funds to be distributed—
“(c) Use of funds.—
“(1) IN GENERAL.—Amounts deposited in a State loan fund, including repayments of loans made from the fund and interest earned on the amounts in the fund, shall be used—
“(A) consistent with paragraphs (2) and (3) and subsection (g), to provide financial assistance for—
“(2) PURPOSES.—A recipient of financial assistance provided through amounts from a State loan fund—
“(B) shall use the amounts in a cost-effective manner under requirements established by the State, which may require an applicant for financial assistance to submit any information that the State considers relevant or necessary before the date on which the applicant receives the assistance;
“(C) shall use the amounts for projects that—
“(D) may use the amounts—
“(i) for projects relating to—
“(E) may not use the amounts—
“(i) to construct buildings or expand existing buildings unless the activity is for the purpose of flood mitigation;
“(ii) to improve any structure, unless the recipient has obtained flood insurance coverage in an amount at least equal to the lesser of the eligible project costs or the maximum insurable limit for the structure under the national flood insurance program coverage for the structure, which coverage shall be maintained for the useful life of the structure;
“(iii) to improve a residential property with an appraised value that is not less than 125 percent of the limitation on the maximum original principal obligation of a conventional mortgage that may be purchased by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation in the area in which the property is located, as established under section 302(b)(2) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2));
“(iv) for the direct benefit of a homeowner if the annual household adjusted gross income of the homeowner during the previous fiscal year was not less than $200,000, as annually adjusted by the Administrator to reflect changes in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics of the Department of Labor and rounded to the nearest $25; or
“(d) Intended use plans.—
“(1) IN GENERAL.—After providing the opportunity for public review and comment, each participating State shall annually prepare a plan that identifies, for the year following the date of issuance of the intended use plan, the intended uses of the amounts available in the State loan fund of the participating State.
“(2) CONSULTATION DURING PREPARATION.—Each participating State, in preparing an intended use plan, shall ensure that the State agency with primary responsibility for floodplain management—
“(3) CONTENTS.—A participating State shall, in each intended use plan—
“(A) include—
“(i) an explanation of the mitigation and resiliency benefits the State intends to achieve, including by—
“(ii) information with respect to the availability of, and the application process for receiving, financial assistance from the State loan fund of the State;
“(iii) the criteria and methods established for the distribution of amounts from the State loan fund of the State;
“(e) Fund management.—Amounts in a State loan fund shall—
“(f) Matching funds.—
“(1) FULL GRANT.—On or before the date on which a participating State receives a capitalization grant, the State shall deposit into the State loan fund of the State, in addition to the amount of the capitalization grant, an amount from non-Federal sources that is not less than 10 percent of the total amount of the capitalization grant.
“(2) REDUCED GRANT.—Notwithstanding paragraph (1), if a State deposits in the State loan fund of the State in connection a capitalization grant an amount from non-Federal sources that is less than 10 percent of the total amount of the capitalization grant that would otherwise be received by the State, the Administrator shall reduce the amount of the capitalization grant received by the State to the amount that is 10 times the amount so deposited and shall allocate such remaining grant amounts under subsection (b)(5) together with the amounts allocated under such subsection.
“(g) Types of assistance.—Unless otherwise prohibited by State law, a participating State may use the amounts deposited into a State loan fund under this section only—
“(1) to make a loan, on the condition that—
“(B) the recipient of the loan will begin making principal and interest payments on the loan not later than 1 year after the date on which the project for which the loan was made is completed;
“(C) the loan will be fully amortized not later than 20 years after the date on which the project for which the loan was made is completed, except that, in the case of a loan made for a project in a low-income geographic area or to a low-income homeowner, the State may provide a longer amortization period for the loan if that longer period—
“(D) the recipient of the loan demonstrates, based on verified and documented information that, at the time the loan is consummated, that the recipient has a reasonable ability to repay the loan, according to its terms, except that this subparagraph may not be construed to authorize any reduction or limitation in efforts to comply with the requirements of subsection (c)(2)(E) (relating to priority for assistance for low-income homeowners and low-income geographical areas); and
“(2) to buy or refinance the debt obligation of a local government related to flood mitigation or resiliency activities, at an interest rate that is not more than the market interest rate;
“(3) to guarantee, or purchase insurance for, a local obligation, the proceeds of which finance a project eligible for assistance under this section, if the guarantee or purchase, as applicable, would—
“(h) Assistance for low-Income homeowners and low-Income geographic areas.—
“(1) IN GENERAL.—Notwithstanding any other provision of this section, if a participating State uses amounts from a State loan fund to provide financial assistance under subsection (c) in a low-income geographic area or to a low-income homeowner, the State may provide additional subsidization to the recipient of the assistance, including forgiveness of the principal of a loan.
“(i) Administration of fund.—
“(1) IN GENERAL.—A participating State may combine the financial administration of a State loan fund with the financial administration of any other revolving fund established by the State if—
“(B) the Administrator determines that—
“(i) amounts obtained from a grant made under this section, amounts obtained from the repayment of a loan made from a State loan fund, and interest earned on amounts in a State loan fund will be—
“(ii) after consulting with the appropriate State agencies, the authority to establish assistance priorities and carry out oversight and related activities, other than financial administration, with respect to flood assistance remains with the State agency with primary responsibility for floodplain management.
“(2) ADMINISTRATIVE AND TECHNICAL COSTS.—
“(A) IN GENERAL.—For each fiscal year, a participating State may use the amount described in subparagraph (B) to—
“(i) pay the reasonable costs of administration of the programs under this section, including the recovery of reasonable costs incurred in establishing a State loan fund;
“(iii) provide technical assistance and outreach to recipients in the State of amounts under this section, including with respect to updating hazard mitigation plans and participating in the Community Rating System, in an amount that is not more than 4 percent of the funds made available to the State under this section.
“(B) DESCRIPTION.—The amount described in this subparagraph is an amount equal to the sum of—
“(i) any fees collected by a participating State to recover the costs described in subparagraph (A)(i), regardless of the source; and
“(3) AUDIT AND REPORT.—
“(A) AUDIT REQUIREMENT.—Not less frequently than biennially, each participating State shall conduct an audit of the State loan fund of the State.
“(j) Liability protections.—The Federal Government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform, a discretionary function or duty on the part of the Federal agency, or an employee of the Federal Government, in carrying out the provision of this section.
“(k) Regulations.—The Administrator shall promulgate such guidance or regulations as may be necessary to carry out this section, including guidance or regulations that—
“(1) ensure that each participating State to which funds are allocated under this section uses the funds as efficiently as possible;
Section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) is amended by adding at the end the following new subsection:
Section 1306 of the National Flood Insurance Act of 1968 (42 U.S.C. 4013) is amended by adding at the end the following new subsection:
“(e) Refund of unearned premiums for policies canceled because of replacement with private flood insurance.—
“(1) REQUIRED REFUND.—Subject to subsection (c), if at any time an insured under a policy for flood insurance coverage for a property that is made available under this title cancels such policy because other duplicate flood insurance coverage for the same property has been obtained from a source other than the National Flood Insurance Program under this title, the Administrator shall refund to the former insured a portion of the premiums paid for the coverage made available under this title, as determined consistent with industry practice according to the portion of the term of the policy that such coverage was in effect, but only if a copy of declarations page of the new policy obtained from a source other than the program under this title is provided to the Administrator.
“(2) EFFECTIVE DATE OF CANCELLATION.—For purposes of this subsection, a cancellation of a policy for coverage made available under the National Flood Insurance Program under this title, for the reason specified in paragraph (1), shall be effective—
“(3) PROHIBITION OF REFUNDS FOR PROPERTIES RECEIVING INCREASED COST OF COMPLIANCE CLAIMS.—No premium amounts paid for coverage made available under this title may be refunded pursuant to this subsection—
Subsection (f) of section 100216 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101(b)) is amended by striking “$400,000,000 for each of fiscal years 2013 through 2017” and inserting “$500,000,000 for each of fiscal years 2019 through 2023”.
(a) Inclusion of cadastral features in rate maps.—Section 100216(b)(3) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b(b)(3)) is amended—
(b) Format of rate maps.—Section 100216(c)(2) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b(c)(2)) is amended—
(3) by adding at the end the following:
“(D) spatially accurate in accordance with the common protocols for geospatial data under section 757 of the Geospatial Data Act of 2018 (43 U.S.C. 2806).”.
(c) Additional considerations.—Section 100216 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b) is amended—
(2) by inserting after subsection (e) the following:
“(g) Stream flow networks.—
“(1) IN GENERAL.—The Administrator shall coordinate with the United States Geological Survey for the sharing of data from stream flow networks critical to the National Flood Insurance Program, flood risk mapping, and flood risk assessments, to ensure that—
“(2) DEFINITIONS.—In this subsection:
“(A) STREAM FLOW NETWORK.—The term ‘stream flow network’ means a network of stream flow gages maintained under the direction of the United States Geological Survey and its partners that is used to measure or record the flow of water down a stream or river, or through an entire watershed system, and transmit such information using a geospatial real-time data feed.
“(h) Availability of data to public.—The Administrator shall make available to the public on the website of the Federal Emergency Management Agency a national geospatial data repository that—
“(1) provides access to the raw data used to include the cadastral features and parcel identification data in National Flood Insurance Program rate maps;
“(2) to the extent that such data is available, allows users to view, query, and obtain such data at multiple levels of detail, including down to the property level;
“(i) Ensuring current data.—Not less frequently than once every 5 years, the Administrator shall verify that each National Flood Insurance Program rate map contains data that is current and credible.
“(j) Qualifications-Based Selection Contracting.—
“(1) IN GENERAL.—With respect to a contract awarded by the Administrator under this Act, or by an entity receiving a grant under this Act, for program management, architectural and engineering services, or surveying and mapping, such a contract shall be awarded to a contractor selected in accordance with the procedures described in section 1103 of title 40, United States Code (or an applicable equivalent State qualifications-based statute). The Administrator, or entity, as the case may be, shall require such contractor, as a condition of such contract, to award any subcontract for program management, architectural and engineering services, or surveying and mapping in accordance with the procedures described in the previous sentence, or the applicable equivalent State statute.
“(2) RELATIONSHIP TO STATE LAW.—Nothing in this subsection shall supersede any applicable State licensing law governing professional licensure.
“(3) DEFINITIONS.—In this subsection:
“(A) ARCHITECTURAL AND ENGINEERING SERVICES.—The term ‘architectural and engineering services’ has the meaning given that term in section 1102 of title 40, United States Code.
“(B) SURVEYING AND MAPPING.—The term ‘surveying and mapping’ includes geospatial activities associated with measuring, locating, and preparing maps, charts, or other graphical or digital presentations depicting natural and man-made physical features, phenomena, and legal boundaries of the earth, including the following:
“(i) Topographic Engineering Surveying, including acquisition of topographic oriented surveying and mapping data for design, construction, master planning, operations, as-built conditions, precise structure stability studies using conventional and electronic instrumentation, photogrammetric, LiDAR, remote sensing, inertial, satellite, and other manned and unmanned survey methods as applicable.
“(ii) Hydrographic Engineering Surveying, including acquisition of hydrographic oriented surveying and mapping data for design, construction, dredging, master planning, operations, and as-built conditions using conventional and electronic instrumentation, and photogrammetric, remote sensing, inertial, satellite, side scan sonar, subbottom profiling, and other surveying methods, as applicable.
“(iii) Land Surveying, including property and boundary surveys, monumentation, marking and posting, and preparation of tract descriptions, using conventional, electronic instrumentation, photogrammetric, inertial, satellite, and other survey methods, as applicable.
“(iv) Geodetic Surveying, including first, second, and third order horizontal and vertical control surveys, geodetic astronomy, gravity and magnetic surveys using conventional, electronic instrumentation, photogrammetric, inertial, satellite, and other survey methods, as applicable.
“(v) Cartographic Surveying, including acquisition of topographic and hydrographic oriented surveying and mapping data for construction of maps, charts, and similar products for planning, flood analysis, and general use purposes using conventional and electronic instrumentation, photogrammetric, inertial, satellite, mobile, terrestrial, and other survey methods, as applicable.
“(vi) Mapping, charting, and related geospatial database development, including the design, compilation, digitizing, attributing, scribing, drafting, printing and dissemination of printed or digital map, chart, and related geospatial database products associated with planning, engineering, operations, and related real estate activities using photogrammetric, geographic information systems, and other manual and computer assisted methods, as applicable.
(a) In general.—The Administrator of the Federal Emergency Management Agency shall carry out a pilot program to make grants to units of local government to enhance the mapping of urban flooding and associated property damage and the availability of such mapped data to homeowners, businesses, and units of local government to enable them to minimize the risk of such flooding.
(b) Objectives.—Amounts from grants made under the pilot program under this section may be used only to carry out activities to meet the following objectives:
(1) To develop a methodology for assessing urban flood risk through the deployment of technology-based mapping tools that are easily understandable by the public and effectively convey information regarding the level of flood risk.
(6) To make the information described in this subsection publicly available on the internet through a web-based portal so as to increase transparency regarding homeowner flood risks, except that the Administrator may not disclose such information to the public or to a private company in a manner that violates section 552a of title 5, United States Code, or any regulation implementing that section.
(c) Eligible recipients.—
(1) IN GENERAL.—Grants under the pilot program under this section may be made only to units of general local government located in urbanized areas, as such term is used by the Bureau of the Census of the Department of Commerce, having populations exceeding 50,000 or to stormwater management authorities of such units of general local government.
(2) ONE-TIME GRANTS.—A grant under the pilot program under this section may not be made to—
(A) any unit of general local governmental, or stormwater management authority of a unit of general government, that has previously received a grant under the pilot program;
(3) TREATMENT OF STORMWATER MANAGEMENT AUTHORITIES.—In the case of a stormwater management authority that operates with respect to more than one unit of general local government, the application of such authority shall be considered for purposes of paragraph (2) of this subsection and subsections (e), (f), and (g)(1) to be made for the largest unit of general local government for which such authority operates. The preceding sentence shall not limit the ability of such authority to carry out activities under the demonstration project in any other jurisdictions or unit of local government with respect to which the authority operates.
(d) Applications.—To be eligible for a grant under this section a unit of general local government or stormwater management agency shall submit to the Administrator an application in such form and containing such information as the Administrator shall require.
(e) Selection of recipients.—
(1) ANNUAL SELECTION.—Subject to paragraph (2) and to the submission of approvable applications, in each fiscal year for which amounts are made available for grants under the pilot program under this section the Administrator shall select, from among applications submitted under subsection (d) for such fiscal year, 3 units of general government or stormwater management authorities to receive grants under the pilot program under this section.
(2) AGGREGATE LIMIT.—Subject only to the submission of approvable applications, the Administrator shall select, in the aggregate over the entire duration of the pilot program under this section, 12 units of general government or stormwater management authorities to receive grants under the pilot program, as follows:
(A) TIER 1.—Three of the applicants selected shall be units of general local government, or stormwater management authorities for such units, having a population exceeding 800,000, as follows:
(i) PELAGIC COASTAL CITY.—One shall be a unit of general local government, or stormwater authority for such a unit, that is a pelagic unit.
(B) TIER 2.—Six of the applicants selected shall be units of general local government, or stormwater management authorities for such units, having a population exceeding 200,000 but not exceeding 800,000, as follows:
(f) Priority.—
(1) IN GENERAL.—The Administrator shall select applicants for grants under the pilot program under this section based on the extent to which their applications will achieve the objectives set forth in subsection (b).
(2) TIERS 2 AND 3.—In selecting applicants to receive grants under the pilot program under this section pursuant to subparagraphs (B) and (C) of subsection (e)(2), the Administrator shall give priority to applicants—
(g) Amount.—
(h) Duration.—The Administrator shall require each recipient of a grant under the pilot program under this section to complete the activities under subsection (b) to be carried out using the grant amounts before the expiration of the 18-month period beginning upon the initial receipt of grant amounts under the pilot program.
(i) Use of census data.—The Administrator shall make all determinations under the pilot program regarding population using the most recent available data from the decennial census.
(j) Grantee reports to FEMA.—Each recipient of a grant under the pilot program under this section shall, not later than the expiration of the 30-month period beginning upon the initial receipt of any such grant amounts, submit to the Administrator a report that describes—
(k) Biennial reports by FEMA.—Not later than the expiration of the 24-month period beginning on the date of the enactment of this Act, and not later than the expiration of each successive 24-month period thereafter until the completion of all activities carried out with amounts from grants under the pilot program under this section, the Administrator shall submit to the Congress and make available to the public on an internet website a report that—
(l) Sense of Congress.—It is the sense of the Congress that, because the pilot program is limited with respect to scope and resources, communities that participate in the pilot program should acknowledge that the most successful efforts to mitigate the effects of urban flooding—
(m) Definitions.—For purposes of this section, the following definitions shall apply:
(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of the Federal Emergency Management Agency.
(2) COASTAL.—The term “coastal” means, with respect to a unit of general local government, that the unit borders a body of water that—
(3) PELAGIC.—The term “pelagic” means, with respect to a unit of general local government, that the unit is a coastal unit and the body of water that the unit borders is an ocean or other large, open body of water (including bays and gulfs) that empties into an ocean.
(4) URBAN FLOODING.—
(A) IN GENERAL.—The term “urban flooding” means the inundation of property in a built environment, particularly in more densely populated areas, caused either by falling rain collecting on impervious surfaces or increasing the levels of nearby water bodies and overwhelming the capacity of drainage systems, such as storm sewers, including—
(a) Expanding mapping to all areas of the United States.—Subparagraph (A) of section 100216(b)(1) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b(b)(1)(A)) is amended—
(b) Use of other Federal agencies and LIDAR.—Section 100216 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b) is amended—
(1) in subsection (b)(1)—
(B) by inserting after subparagraph (A) the following:
“(B) as soon as practicable—
“(i) modernize the flood mapping inventory for communities for which the National Flood Insurance Program rate maps have not been modernized; and
“(ii) in coordination with communities, utilize the digital display environment established under subsection (f)(1)(A) to produce, store, and disseminate any flood hazard data, models, and maps generated under clause (i) while ensuring that the flood mapping inventory described in that clause may be printed in order to carry out—
“(I) floodplain management programs under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.); and
(D) in subparagraph (D), as so redesignated, by striking the period at the end and inserting “, and including the most current and most appropriate remote sensing or other geospatial mapping technology;”;
(E) by adding at the end the following:
“(E) when appropriate, partner with other Federal agencies, States, communities, and private entities in order to meet the objectives of the program; and
“(F) when appropriate, consult and coordinate with the Secretary of Defense, the Director of the United States Geological Survey, and the Administrator of the National Oceanic and Atmospheric Administration to obtain the most up-to-date maps and other information of those agencies, including information relating to topography, water flow, watershed characteristics, and any other issues that are relevant to identifying, reviewing, updating, maintaining, and publishing National Flood Insurance Program rate maps.”;
(2) by inserting after subsection (e) the following new subsection:
“(f) Digital display environment and building-specific flood hazard and risk information.—
“(1) ESTABLISHMENT.—
“(A) IN GENERAL.—Not later than 5 years after the date of enactment of the National Flood Insurance Program Reauthorization Act of 2019, the Administrator, in consultation with the Technical Mapping Advisory Council, shall establish, as part of a national structure inventory, a dynamic, database-derived digital display environment for flood hazard and risk data, models, maps, and assessments.
“(2) DIGITAL DISPLAY SYSTEM.—
“(A) IN GENERAL.—In carrying out paragraph (1), the Administrator, in consultation with the Technical Mapping Advisory Council, shall establish a national digital display system that shall—
“(iii) to the extent feasible, and where sufficient data is available, provide information, with respect to individual structures, regarding—
“(B) PRIVACY REQUIREMENTS.—The Administrator may not disseminate the database described in subparagraph (A)(i), including any data used to create that database, to the public or to a private company in a manner that violates section 552a of title 5, United States Code, or any regulation implementing that section.”;
(3) by inserting after subsection (k), as added by the preceding provisions of this Act, the following:
“(l) Annual report.—The Administrator, in coordination with the Technical Mapping Advisory Council established under section 100215 of this Act, shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate an annual report regarding progress achieved in the mapping program under this section, including the digital display and structure-specific information required under subsection (f), which shall include recommendations to reduce the cost and improve the implementation of that subsection.”.
(c) Future flood risk.—Section 100216(d) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b) is amended by adding at the end the following:
“(3) FUTURE FLOOD RISK.—The Administrator shall, in consultation with the Technical Mapping Council established under section 100215, provide financial and technical assistance to communities to incorporate future flood hazard conditions as an informational layer on their Flood Insurance Rate Maps.”.
(a) In general.—Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) is amended by adding at the end the following new subsection:
“(k) Appeals of existing maps.—
“(1) RIGHT TO APPEAL.—A State or local government, or the owner or lessee of real property, who has made a formal request to the Administrator to update a flood map that the Administrator has denied may at any time appeal such a denial as provided in this subsection.
“(2) BASIS FOR APPEAL.—The basis for appeal under this subsection shall be the possession of knowledge or information that—
“(3) APPEALS PROCESS.—
“(A) ADMINISTRATIVE ADJUDICATION.—An appeal under this subsection shall be determined by a final adjudication on the record, and after opportunity for an administrative hearing.
“(B) RIGHTS UPON ADVERSE DECISION.—If an appeal pursuant to subparagraph (A) does not result in a decision in favor of the State, local government, owner, or lessee, such party may appeal the adverse decision to the Scientific Resolution Panel provided for in section 1363A, which shall recommend a non-binding decision to the Administrator.
“(4) RELIEF.—
“(A) WHOLLY SUCCESSFUL APPEALS.—In the case of a successful appeal resulting in a policyholder’s property being removed from a special flood hazard area, such policyholder may cancel the policy at any time within the current policy year, and the Administrator shall provide such policyholder a refund in the amount of any premiums paid for such policy year, plus any premiums paid for flood insurance coverage that the policyholder was required to purchase or maintain during the 2-year period preceding such policy year.
“(B) PARTIALLY SUCCESSFUL APPEALS.—In the case of any appeal in which mitigating factors were determined to have reduced, but not eliminated, the risk of flooding, the Administrator shall reduce the amount of flood insurance coverage required to be maintained for the property concerned by the ratio of the successful portion of the appeal as compared to the entire appeal. The Administrator shall refund to the policyholder any payments made in excess of the amount necessary for such new coverage amount, effective from the time when the mitigating factor was created or the beginning of the second policy year preceding the determination of the appeal, whichever occurred later.
“(5) RECOVERY OF COSTS.—When, incident to any appeal which is successful in whole or part regarding the designation of the base flood elevation or any aspect of the flood map, including elevation or designation of a special flood hazard area, the community, or the owner or lessee of real property, as the case may be, incurs expense in connection with the appeal, including services provided by surveyors, engineers, and scientific experts, the Administrator shall reimburse such individual or community for reasonable expenses to an extent measured by the ratio of the successful portion of the appeal as compared to the entire appeal, but not including legal services, in the effecting of an appeal based on a scientific or technical error on the part of the Federal Emergency Management Agency. No reimbursement shall be made by the Administrator in respect to any fee or expense payment, the payment of which was agreed to be contingent upon the result of the appeal. The Administrator may use such amounts from the National Flood Insurance Fund established under section 1310 as may be necessary to carry out this paragraph.
(b) Deadline.—The Administrator of the Federal Emergency Management Agency shall issue the guidance referred to section 1360(k)(6) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(k)(7)), as added by the amendment made by subsection (a) of this section, not later than the expiration of the 6-month period beginning on the date of the enactment of this Act.
(a) Appeals.—Section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104) is amended—
(1) in subsection (b), by striking the second sentence and inserting the following: “Any owner or lessee of real property within the community who believes the owner’s or lessee’s rights to be adversely affected by the Administrator’s proposed determination may appeal such determination to the local government no later than 90 days after the date of the second publication.”;
(3) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and
(4) by inserting after subsection (d) the following new subsection:
“(e) Determination by Administrator in the absence of appeals.—If the Administrator has not received any appeals, upon expiration of the 90-day appeal period established under subsection (b) of this section the Administrator’s proposed determination shall become final. The community shall be given a reasonable time after the Administrator’s final determination in which to adopt local land use and control measures consistent with the Administrator’s determination.”.
(b) Publication.—Subsection (a) of section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104(a)) is amended by striking “in the Federal Register”.
Paragraph (1) of section 100216(d) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b(d)(1)) is amended—
Subsection (f) of section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(f)) is amended by adding at the end the following new flush matter:
“Panels of the revised flood insurance rate maps for which no appeal has been submitted during the 90-day period referred to in subsection (b) shall be considered final.”.
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:
“(l) Levee-Impacted areas.—
“(1) IN GENERAL.—Subject to full implementation of subparagraphs (A)(iii) and (B) of section 100216(b)(1) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b(b)(1)) and notwithstanding any other provision of law, if a community applies to the Administrator for the remapping of a levee-impacted area in which the pertinent levee system fails to meet the minimum design, operation, and maintenance standards of the National Flood Insurance Program required for levee accreditation on a flood insurance rate map in accordance with the Levee Analysis Mapping Procedure initiated by the Administrator to replace the ‘without levees’ approach to a Flood Insurance Study, the Administrator shall—
“(2) TRANSITION.—During the period beginning on the date of enactment of this subsection and ending on the date on which the Administrator develops rates for the various AL-E zones, a structure located in a portion of a community that is located within a levee-impacted area described in paragraph (1) shall be eligible for rates associated with areas of moderate flood hazards.”.
(a) Requirements for State and local land use controls.—Subsection (a) of section 1315 of the National Flood Insurance Act of 1968 (42 U.S.C. 4022(a)) is amended by adding at the end the following new paragraph:
“(3) ALLOWABLE LOCAL VARIANCES FOR CERTAIN AGRICULTURAL STRUCTURES.—
“(A) REQUIREMENT.—Notwithstanding any other provision of this Act—
“(i) the land use and control measures adopted pursuant to paragraph (1) may not, for purposes of such paragraph, be considered to be inadequate or inconsistent with the comprehensive criteria for land management and use under section 1361 because such measures provide that, in the case of any agricultural structure that is located in an area having special flood hazards, a variance from compliance with the requirements to elevate or floodproof such a structure and meeting the requirements of subparagraph (B) may be granted; and
“(ii) the Administrator may not suspend a community from participation in the national flood insurance program, or place such a community on probation under such program, because such land use and control measures provide for such a variance.
This subparagraph shall not limit the ability of the Administrator to take enforcement action against a community that does not adopt adequate variance criteria or establish proper enforcement mechanisms.
“(B) VARIANCE; CONSIDERATIONS.—The requirements of this subparagraph with respect to a variance are as follows:
“(i) The variance is granted by an official from a duly constituted State or local zoning authority, or other authorized public body responsible for regulating land development or occupancy in flood-prone areas.
“(ii) In the case of new construction, such official has determined—
“(iii) In the case of existing structures—
“(C) DEFINITIONS.—For purposes of this paragraph, the following definitions shall apply:
“(i) AGRICULTURAL STRUCTURE.—The term ‘agricultural structure’ has the meaning given such term in paragraph (2)(D).
“(ii) FLOODPROOFING.—The term ‘floodproofing’ means, with respect to a structure, any combination of structural and non-structural additions, changes, or adjustments to the structure, including attendant utilities and equipment, that reduce or eliminate potential flood damage to real estate or improved real property, water and sanitary facilities, structures, or their contents.”.
(b) Premium rates.—Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended by adding at the end the following new subsection:
“(n) Premium rates for certain agricultural structures with variances.—Notwithstanding any other provision of this Act, the chargeable premium rate for coverage under this title for any structure provided a variance pursuant to section 1315(a)(3) shall be the same as the rate that otherwise would apply to such structure if the structure had been dry floodproofed or a comparable actuarial rate based upon the risk associated with structures within the applicable AL-E zone established under section 1360(l).”.
Paragraph (1) of section 100215(b) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101a(b)(1)) is amended—
(2) by inserting before subparagraph (B), as so redesignated by subparagraph (A) of this paragraph, the following new subparagraph:
Section 1304(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4011(b)) is amended—
(1) in paragraph (4), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively;
(2) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively (and by adjusting the margins accordingly);
(3) in subparagraph (C) as so redesignated, by striking the period at the end and inserting a semicolon;
(8) by adding at the end the following new paragraphs:
“(3) AMOUNT OF COVERAGE.—Each policy for flood insurance coverage made available under this title shall provide coverage under this subsection having an aggregate liability for any single property of $60,000.
“(4) ELIGIBLE MITIGATION ACTIVITIES.—
“(A) IN GENERAL.—Eligible mitigation methods the cost of which is covered by coverage provided under this subsection shall include—
“(i) alternative methods of mitigation identified in the guidelines issued pursuant to section 1361(d);
“(B) ACQUISITION AND RELOCATION PROJECT ELIGIBILITY AND REQUIREMENTS.—
“(i) IN GENERAL.—An acquisition or relocation project shall be eligible to receive assistance pursuant to subparagraph (A)(iii) only if—
“(I) any property acquired, accepted, or from which a structure will be removed shall be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; and
“(ii) FURTHER ASSISTANCE.—If an acquisition or relocation project is assisted pursuant to subparagraph (A)(iii)—
“(iii) REQUIREMENT TO MAINTAIN FLOOD INSURANCE COVERAGE.—
“(I) IN GENERAL.—Notwithstanding any other provision of law, any assisted structure (as such term is defined in subclause (III)) shall, at all times, maintain insurance against flood damage, in accordance with Federal law, for the life of such structure.
“(II) TRANSFER OF PROPERTY.—
“(aa) DUTY TO NOTIFY.—If any part of a property on which an assisted structure is located is transferred, the transferor shall, not later than the date on which such transfer occurs, notify the transferee in writing, including in all documents evidencing the transfer of ownership of the property of the requirements, that such transferee is required to—
“(AA) obtain flood insurance in accordance with applicable Federal law with respect to such assisted structure, if such structure is not so insured on the date on which the structure is transferred; and
“(BB) maintain flood insurance in accordance with applicable Federal law with respect to such structure.
“(bb) FAILURE TO NOTIFY.—If a transferor fails to make a notification in accordance with item (aa) and such assisted structure is damaged by a flood disaster, the transferor shall pay the Federal Government an amount equal to the amount of any disaster relief provided by the Federal government with respect to such assisted structure.
“(5) TREATMENT OF COVERAGE LIMITS.—Any amount of coverage for a property provided pursuant to this subsection shall not be considered or counted for purposes of any limitation on coverage applicable to such property under section 1306(b) (42 U.S.C. 4013(b)) and any claim on such coverage shall not be considered a claim for purposes of section 1307(h) or subsection (a)(3) or (h)(3) of section 1366.
(a) Financial assistance.—Section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 4102) is amended by adding at the end the following new subsection:
(b) Definitions.—Subsection (a) of section 1370 of the National Flood Insurance Act of 1968 (42 U.S.C. 4121) is amended—
(2) by striking paragraph (7) and inserting the following new paragraphs:
“(7) MULTIPLE-LOSS PROPERTY.—The term ‘multiple-loss property’ means any property that is a repetitive-loss property, a severe repetitive-loss property, or an extreme repetitive-loss property.
“(8) REPETITIVE-LOSS PROPERTY.—The term ‘repetitive-loss property’ means a structure that has incurred flood-related damage for which 2 or more separate claims payments of any amount in excess of the loss-deductible for damage to the covered structure have been made under flood insurance coverage under this title.
“(9) SEVERE REPETITIVE-LOSS PROPERTY.—The term ‘severe repetitive-loss property’ means a structure that has incurred flood-related damage for which—
“(10) EXTREME REPETITIVE-LOSS PROPERTY.—The term ‘extreme repetitive-loss property’ means a structure that has incurred flood-related damage for which at least 2 separate claims have been made under flood insurance coverage under this title, with the cumulative amount of such claims payments exceeding 150 percent of the maximum coverage amount available for the structure.”.
(c) Conforming amendments.—The National Flood Insurance Act of 1968 is amended—
(1) in section 1304(b)(1)(A) (42 U.S.C. 4011(b)(1)(A)), as amended by section 301 of this Act, by striking “repetitive loss structures” and inserting “repetitive-loss properties”;
(2) in section 1307 (42 U.S.C. 4014)—
(A) in subsection (a)(2)(B), by striking “repetitive loss property” and inserting “repetitive-loss property”;
(3) in section 1315(a)(2)(A)(i) (42 U.S.C. 4022(a)(2)(A)(i)), by striking “repetitive loss structure” and inserting “repetitive-loss property”; and
(4) in section 1366 (42 U.S.C. 4104c)—
(A) in subsection (a)(2), by striking “repetitive loss structures” and inserting “repetitive-loss properties”;
(B) in subsection (c)(2)(A)(ii), by striking “repetitive loss structures” and inserting “multiple-loss properties”;
(a) Mitigation strategies.—Paragraph (1) of section 1361(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 4102(d)(1)) is amended—
(b) Mitigation credit.—Subsection (k) of section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(k)) is amended—
(a) Equal treatment with condominiums.—Section 1306 of the National Flood Insurance Act of 1968 (42 U.S.C. 4013), as amended by the preceding provisions of this Act is further amended by adding at the end the following:
(b) Payment of claims.—Section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C. 4019) is amended—
(1) in subsection (c)—
(A) by striking “flood insurance to condominium owners” and inserting the following: “flood insurance—
(C) by adding at the end the following:
“(2) to individuals with a membership interest and occupancy agreement in a cooperative housing project who purchased such flood insurance separate and apart from the flood insurance purchased by the cooperative association in which such individual is a member, based solely, or in any part, on the flood insurance coverage of the cooperative association or others on the overall property owned by the cooperative association.”; and
(a) Establishment.—The Administrator of the Federal Emergency Management Agency (in this section referred to as the “Administrator”) shall carry out a community-based flood insurance pilot program to make available, for purchase by participating communities, a single, community-wide flood insurance policy under the National Flood Insurance Program that—
(2) satisfies, for all such properties within the community, the mandatory purchase requirements under section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a).
(b) Participation.—Participation by a community in the pilot program under this section shall be at the sole discretion of the community.
(c) Requirements For Community-Wide Policies.—The Administrator shall ensure that a community-wide flood insurance policy made available under the pilot program under this section incorporates the following requirements:
For each of the first 5 fiscal years beginning after following the date of the enactment of this Act, there is authorized to be appropriated $200,000,000 to carry out the flood mitigation assistance grant program under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c).
(a) Provision of community rating system premium credits to maximum number of communities practicable.—Subsection (b) of section 1315 of the National Flood Insurance Act of 1968 (42 U.S.C. 4022(b)) is amended—
(b) Grants for Community Rating System program coordinators.—Section 1315 of the National Flood Insurance Act of 1968 (42 U.S.C. 4022) is amended by adding at the end the following new subsection:
“(c) Grants for Community Rating System program coordinators.—
“(1) AUTHORITY.—The Administrator shall carry out a program to make grants to consortia of States and communities for use only for costs of employing or otherwise retaining an individual or individuals to coordinate and carry out responsibilities relating to participation in the community rating system program under subsection (b) for States and communities that are members of such consortia.
“(2) ELIGIBILITY.—The Administrator shall establish such criteria as the Administrator considers appropriate for a consortium of States and communities to be eligible for grants under this subsection, which shall include requiring a consortium to provide evidence to the Administrator that the consortium has sufficient authority and administrative capability to use grant amounts in accordance with this subsection on behalf of its member jurisdictions.
“(3) TIMING.—A consortium receiving a grant under this section shall establish the position or positions described in paragraph (1), and employ or otherwise retain an individual or individuals to fill such position or positions, not later than the date that all such grant amounts are expended.
“(4) APPLICATIONS.—The Administrator shall provide for consortia of States and communities to submit applications for grants under this subsection, which shall include—
“(B) such assurances as the Administrator shall require to ensure compliance with the requirement under paragraph (3);
“(5) SELECTION.—From among eligible consortia of States and communities submitting applications pursuant to paragraph (3), the Administrator shall select consortia to receive grants under this subsection in accordance with such competitive criteria for such section as the Administrator shall establish.
“(6) DEFINITION OF COMMUNITY.—For purposes of this section, the term ‘community’ has the meaning given such term in section 1366(h) (42 U.S.C. 4104c(h)), except that such term includes counties and regional planning authorities that do not have zoning and building code jurisdiction.
(a) In general.—Chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.), as amended by the preceding provisions of this Act, is further amended by adding at the end the following:
“SEC. 1327. Community assistance program for effective floodplain management.
“(a) In general.—The Administrator shall establish a community assistance program under this section to increase the capacity and capability of States, Indian tribes, and communities to effectively manage flood risk and participate in the national flood insurance program, including the community rating system program under section 1315(b), by providing financial and technical assistance to States, tribes and communities.
“(b) Components.—The community assistance program under this program shall include—
“(2) conducting periodic assessments, not less often than once every 5 years, of the technical assistance and training needs of States, Indian tribes, and communities;
“(3) providing technical assistance and training to States, Indian tribes, and communities in accordance with the needs identified by such assessments;
“(4) conducting periodic reviews of State, Indian tribe, and community floodplain management standards by the Administrator to promote continuous improvement in building and maintaining effective State floodplain management programs (as such term is defined in subsection (d));
“(5) conducting periodic estimates of the losses avoided nationally due to the adoption of qualifying floodplain management standards by States, Indian tribes and communities;
“(c) Community assistance grants to States.—
“(1) IN GENERAL.—Under the program under this section the Administrator may award grants to States, which shall be used only—
“(2) GUIDELINES.—The Administrator shall establish guidelines governing the use of grant funds under this subsection, including setting forth activities eligible to be funded with such amounts.
“(3) ELIGIBILITY.—To be eligible to receive a grant under this subsection, a State shall—
“(A) demonstrate, to the satisfaction of the Administrator, that the State has in effect qualifying State floodplain management standards for the State;
“(4) APPLICATION; SELECTION CRITERIA.—The Administrator shall provide for States to submit applications for grants under this subsection, which shall include such information, assurances, and certifications as the Administrator may require, and may establish criteria for selection of qualifying applications to be selected for grants under this subsection.
“(5) ONGOING REVIEW OF FLOODPLAIN MANAGEMENT STANDARDS.—Each State that is awarded funds under this section shall provide periodic reports, certifications, and information regarding the floodplain management standards of such State as the Administrator may require for the duration of the use of grant amounts.
“(d) Definitions.—For purposes of this section:
“(1) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning given such term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
“(2) QUALIFYING STATE FLOODPLAIN MANAGEMENT STANDARDS.—The term ‘qualifying State floodplain management standards’ means the floodplain management standards of a State that—
“(A) are specifically authorized under State law and do not conflict with or inhibit the implementation of the National Flood Insurance Act of 1968;
“(B) designate an entity responsible for coordinating the national flood insurance program in the State;
“(D) address on a long-term basis—
“(E) include a long-term plan that will facilitate the prioritization and provision of training and technical assistance to communities and Indian tribes in the State to increase local and tribal capacity and capability for floodplain management, including the capacity and capability to participate in the national flood insurance program and the community rating system program;
“(e) Funding.—
“(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $20,000,000 for each of fiscal years 2019 through 2024 for the National Flood Insurance Fund for carrying out this section. Any amounts appropriated pursuant to this subsection shall remain available until expended.
(b) Use of National Flood Insurance Fund amounts.—Subsection (a) of section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is amended—
Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015), as amended by the preceding provisions of this Act, is further amended by adding at the end the following:
“(o) Effect of Private Flood Insurance Coverage on Continuous Coverage Requirements.—For purposes of applying any statutory, regulatory, or administrative continuous coverage requirement, including under section 1307(g)(1), the Administrator shall consider any period during which a property was continuously covered by a flood insurance policy, either offered through the national flood insurance program or private market, that was used to satisfy the requirements under section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(a)) to be a period of continuous coverage.”.
Subsection (b) of section 1306 of the National Flood Insurance Act of 1968 (42 U.S.C. 4013(b)), is amended—
(3) by adding at the end the following new paragraph:
“(6) the Administrator may provide that, in the case of any commercial property or other residential property, including multifamily rental property and agricultural property, one umbrella policy be made available to every insured upon renewal and every applicant with multiple structures on the same property, except that—
Part C of chapter II of the National Flood Insurance Act of 1968 (42 U.S.C. 4081 et seq.) is amended by adding at the end the following new section:
“SEC. 1349. Annual independent actuarial study.
“The Administrator shall provide for an independent actuarial study of the National Flood Insurance Program to be conducted annually, which shall analyze the financial position of the Program. The Administrator shall submit a report annually to the Congress describing the results of such study and assessing the financial status of the Program. The report shall recommend adjustments to underwriting standards, program participation, or premiums, if necessary, to ensure that the Program remains financially sound. The report shall also include an evaluation of the quality control procedures and accuracy of information utilized in the process of underwriting National Flood Insurance Program policies. Such evaluation shall include a review of the risk characteristics of policies.”.
(a) In general.—Section 1313 of the National Flood Insurance Act of 1968 (42 U.S.C. 4020) is amended—
(1) by inserting after the section enumerator the following: “(a) Availability to public and State agencies.—”; and
(2) by adding at the end the following new subsections:
“(b) Exchange of NFIP and private flood insurance policy and claims information.—The Administrator may provide to each private insurer that sells coverage that meets, at a minimum, the definition of private flood insurance under section 102(b) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)), current and historical property-specific information that is available to the Administration on flood insurance program coverage, flood damage assessments, and payment of claims, but only if the following conditions are met:
“(1) Each private insurer receiving such data shall provide to the Administrator current and historical property-specific information, generated through the sale of the flood insurance that meets such definition of private flood insurance, by the private insurer on flood insurance coverage, flood damage assessments, and payment of claims.
“(c) Homeowner access to NFIP and private policy and claims information.—Upon request by the current owner of a property, the Administrator shall provide to the owner any current and historical information available to the Administrator, including information obtained under subsection (b)(1), on insurance coverage, damage assessments, and payment of claims concerning such property of the owner. In addition, the Administrator shall provide information the Administrator may have on whether the property owner may be required to purchase flood insurance coverage due to previous receipt of federal disaster assistance, including assistance provided by the Small Business Administration, the Department of Housing and Urban Development, the Federal Emergency Management Agency, or any other type of assistance subject to the mandatory purchase requirement under section 102 of the Flood Disaster Protection Act of 1973.
“(d) Homebuyer access to flood insurance information.—Notwithstanding section 552a(b) of title 5, United States Code, not later than 14 days after a request for such information by a buyer under contract for purchase of a property, the Administrator shall provide to the buyer the following information:
“(1) The number and dollar value of claims filed for the property, over the life of the property, under a flood insurance policy made available under this title.
Chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.), as amended by the preceding provisions of this Act, is further amended by adding at the end the following:
“SEC. 1328. Elevation certificates.
“Surveyed elevation data and other information relating to a building that is recorded on a National Flood Insurance Program Elevation Certificate by an individual licensed to record that information shall continue to be in effect, and the Elevation Certificate shall not expire, until the date on which there is an alteration in the building.”.
(a) In general.—Subsection (e) of section 1345 of the National Flood Insurance Act of 1968 (42 U.S.C. 4081(e)) is amended—
(2) by adding at the end the following:
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 subsections:
“(f) Authority to terminate Write Your Own arrangements.—The Administrator may cancel any Write Your Own (as such term is defined in section 100202(a) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4004)) arrangement in its entirety upon 30 days written notice to the Write Your Own company involved by certified mail stating one of the following reasons for such cancellation:
(a) In general.—The Comptroller General of the United States shall conduct a study that proposes to address, through programmatic and regulatory changes, how to increase participation in flood insurance coverage.
(b) Issues.—In conducting the study under subsection (a), the Comptroller General shall consider the following:
(1) Expanding participation in flood insurance coverage, beyond areas having special flood hazards, to areas of moderate or minimal flood hazard risk.
(c) Determinations.—In conducting the study under subsection (a), the Comptroller General shall determine the following:
(1) The percentage of properties with federally backed mortgages located in an area having special flood hazards that are covered by flood insurance that satisfies the requirement under section 102(b) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)).
(d) Report.—Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit a report on the study conducted under subsection (a) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(e) Definitions.—For purposes of this section—
(1) the term “500-year floodplain” has the meaning given the term in section 100202(a) of the Biggert-Waters Flood Insurance Reform Act of 2012 (40 U.S.C. 4004(a));
(2) the terms “Federal agency lender”, “improved real estate”, and “regulated lending institution” have the meanings given such terms in section 3(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4003(a)); and
Union Calendar No. 210 | |||||
| |||||
[Report No. 116–262, Part I] | |||||
A BILL | |||||
To reform and reauthorize the National Flood Insurance Program, and for other purposes. | |||||
October 28, 2019 | |||||
Reported from the Committee on Financial Services with an amendment | |||||
October 28, 2019 | |||||
Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole
House on the State of the Union and ordered to be printed |