[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3167 Reported in House (RH)]
<DOC>
Union Calendar No. 210
116th CONGRESS
1st Session
H. R. 3167
[Report No. 116-262, Part I]
To reform and reauthorize the National Flood Insurance Program, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
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]
_______________________________________________________________________
A BILL
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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(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.
TITLE I--REAUTHORIZATION AND AFFORDABILITY
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.
TITLE II--MAPPING
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.
TITLE III--MITIGATION
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.
TITLE IV--MODERNIZATION
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.
SEC. 2. CONGRESSIONAL FINDINGS.
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;
(2) flooding disasters in the United States present a
threat to people, property, and taxpayers;
(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;
(5) affordability of flood insurance coverage remains a
serious concern;
(6) investment in mitigation is a cost-effective means of
reducing risk;
(7) a policyholder's ability to pay for flood insurance
coverage should be considered for premium rate discounts; and
(8) in the absence of widespread private insurance industry
participation, and as a matter of national policy, the Federal
Government must ensure the availability and affordability of
flood insurance.
TITLE I--REAUTHORIZATION AND AFFORDABILITY
SEC. 101. PROGRAM EXTENSION.
(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''.
(c) Retroactive Effective Date.--If this Act is enacted after
September 30, 2019, the amendments made by subsections (a) and (b)
shall take effect as if enacted on September 30, 2019.
SEC. 102. DEMONSTRATION PROGRAM FOR POLICY AFFORDABILITY.
(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.
(2) Consultation.--The Administrator may consult with the
Secretary of the Treasury and the Secretary of Housing and
Urban Development about the implementation of the program
established pursuant to paragraph (1).
(b) Eligible Households and Properties.--The Administrator may
provide discounted premium rates pursuant to this section only for
properties that are--
(1) 1- to 4-family residential properties; and
(2) the primary residence of a household whose income does
not exceed 80 percent of the area median income, as determined
by the Administrator in consultation with the Secretary of
Housing and Urban Development.
(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;
(2) a description of how the Administrator will determine
eligibility for households to participate in the program in
accordance with the requirements for eligibility in subsection
(b); and
(3) any new requirements to which policyholders
participating in the program will be subject; and
(4) the results of any consultation with the Secretary of
the Treasury or the Secretary of Housing and Urban Development.
(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.
(B) The average median income of such households.
(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.
(F) For all properties in such community, any
changes to such full actuarial premium rates due to
mapping changes or other factors.
(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.
(i) Termination.--The authority under this section to provide
discounted premium rates for flood insurance coverage shall terminate
on May 31, 2024.
SEC. 103. PREMIUM AND FEES RELIEF FOR FAMILIES AND SMALL BUSINESSES.
(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))--
(i) in paragraph (1), by striking ``and the
surcharges required under section 1308A''; and
(ii) in paragraph (2), by striking ``or
surcharges''; and
(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''.
SEC. 104. MONTHLY INSTALLMENT PAYMENT OF PREMIUMS.
(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:
``(g) Frequency of Premium Collection.--
``(1) Options.--With respect''; and
(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--
``(i) during the 12-month period beginning
on the date of the enactment of this
subparagraph, charge policyholders choosing to
pay premiums in monthly installments a fee for
the total cost of the monthly collection of
premiums not to exceed $25 annually; and
``(ii) after the expiration of the 12-month
period referred to in clause (i), adjust the
fee charged annually to cover the total cost of
the monthly collection of premiums as
determined by the report submitted pursuant to
subparagraph (D).
``(D) Annual reports.--On an annual basis, the
Administrator shall report to the Committee on
Financial Services of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of
the Senate the ongoing costs associated with the
monthly payment of premiums.''.
(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''.
SEC. 105. STATE REVOLVING LOAN FUNDS FOR LOW-INTEREST LOANS.
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;
``(3) the term `insular area' means--
``(A) Guam;
``(B) American Samoa;
``(C) the Commonwealth of the Northern Mariana
Islands;
``(D) the Federated States of Micronesia;
``(E) the Republic of the Marshall Islands;
``(F) the Republic of Palau; and
``(G) the United States Virgin Islands;
``(4) the term `intended use plan' means a plan prepared
under subsection (d)(1);
``(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;
``(7) the term `participating State' means an eligible
State that--
``(A) has entered into an agreement under
subsection (b)(1); and
``(B) agrees to comply with the requirements of
this section;
``(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;
``(9) the term `repetitive-loss property' has the meaning
given the term in section 1370(a);
``(10) the term `severe repetitive-loss property' has the
meaning given the term in section 1370(a);
``(11) the term `State loan fund' means a flood mitigation
assistance revolving loan fund established by an eligible State
under this section; and
``(12) the term `tribal government' means the recognized
government of an Indian tribe, or the governing body of an
Alaska Native regional or village corporation, that has been
determined eligible to receive services from the Bureau of
Indian Affairs.
``(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--
``(A) the loss of life and property;
``(B) the cost of flood insurance; and
``(C) Federal disaster payments.
``(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--
``(i) deposit the grant in the State loan
fund of the State; and
``(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.
``(B) Noncompliance.--Except as provided in
subparagraph (C), if a participating State does not
comply with subparagraph (A) with respect to a grant,
the Administrator shall reallocate the grant in
accordance with paragraph (3)(B).
``(C) Exception.--The Administrator may not
reallocate any funds under subparagraph (B) to a
participating State that violated subparagraph (A) with
respect to a grant made during the same fiscal year in
which the funds to be reallocated were originally made
available.
``(3) Allocation.--
``(A) In general.--The Administrator shall allocate
amounts made available to carry out this section to
participating States--
``(i) for the participating States to
deposit in the State loan funds established by
the participating States; and
``(ii) except as provided in paragraph (6),
in accordance with the requirements described
in subparagraph (B).
``(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.
``(II) Add together each quotient
obtained under subclause (I).
``(III) For each participating
State, divide the quotient obtained
under subclause (I) with respect to
that State by the sum obtained under
subclause (II).
``(IV) For each participating
State, multiply the amount that is 50
percent of the total amount made
available under subparagraph (A) by the
quotient obtained under subclause
(III).
``(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--
``(A) according to criteria established by the
Administrator; and
``(B) for a purpose described in subsection (c)(2).
``(7) Administrative costs; technical assistance.--The
Administrator shall reserve not more than 2.5 percent of the
amount made available to carry out this section in a fiscal
year--
``(A) for administrative costs incurred in carrying
out this section; and
``(B) to provide technical assistance to recipients
of grants under this section.
``(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--
``(i) homeowners, businesses, and nonprofit
organizations that are eligible to participate
in the national flood insurance program;
``(ii) any local government that
participates in the national flood insurance
program; and
``(iii) any State government agencies or
subdivisions of any State government that
engage in floodplain management activities;
``(B) as a source of revenue and security for
leveraged loans, the proceeds of which shall be
deposited in the State loan fund; or
``(C) for the sale of bonds as security for payment
of the principal and interest on revenue or general
obligation bonds issued by the participating State to
provide matching funds under subsection (g), if the
proceeds from the sale of the bonds are deposited in
the State loan fund.
``(2) Purposes.--A recipient of financial assistance
provided through amounts from a State loan fund--
``(A) shall use the amounts to reduce--
``(i) flood risk; or
``(ii) potential flood claims submitted
under the national flood insurance program;
``(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--
``(i) meet design and construction
standards established by the Administrator;
``(ii) are located in communities that--
``(I) participate in the national
flood insurance program; and
``(II) have developed a State,
local, or tribal government hazard
mitigation plan that has been approved
by the Administrator under section
1366;
``(iii)(I) address a repetitive-loss
property or a severe repetitive-loss property;
or
``(II) address flood risk in the 500-year
floodplain, areas of residual flood risk, or
other areas of potential flood risk, as
identified by the Administrator; and
``(iv) address current risk and anticipate
future risk, such as sea-level rise;
``(D) may use the amounts--
``(i) for projects relating to--
``(I) structural elevation;
``(II) floodproofing;
``(III) the relocation or removal
of buildings from the 100-year
floodplain or other areas of flood
risk, including the acquisition of
properties for such a purpose;
``(IV) environmental restoration
activities that directly reduce flood
risk;
``(V) any eligible activity
described in subparagraphs (A) through
(G) of section 1366(c)(3); or
``(VI) other activities determined
appropriate by the Administrator;
``(ii) with respect to a project described
in clause (i), only for expenditures directly
related to a project described in that clause,
including expenditures for planning, design,
and associated pre-construction activities; and
``(iii) to acquire, for the purposes of
permanent protection, land, buildings, or a
conservation easement from a willing seller or
grantor;
``(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
``(v) to acquire real property or an
interest in real property unless the property
is purchased from a willing seller; and
``(F) shall, in the use of such amounts, give
priority to the maximum extent practicable to projects
that assist low-income homeowners and low-income
geographical areas.
``(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--
``(A) provides oversight with respect to the
preparation of the intended use plan; and
``(B) consults with any other appropriate State
agency, including agencies responsible for coastal and
environmental 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--
``(I) reducing future damage and
loss associated with flooding;
``(II) reducing the number of
severe repetitive-loss properties and
repetitive-loss properties in the
State;
``(III) decreasing the number of
flood insurance claims in the State;
and
``(IV) increasing the rating under
the Community Rating System for
communities in the State;
``(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;
``(iv) the amount of financial assistance
that the State anticipates allocating to--
``(I) local government projects;
and
``(II) projects for homeowners,
business, or nonprofit organizations;
``(v) the expected terms of the assistance
provided under clause (iv); and
``(vi) a description of the financial
status of the State loan fund and the short-
term and long-term goals of the State loan
fund; and
``(B) provide, to the maximum extent practicable,
that priority for the use of amounts from the State
loan fund shall be given to projects that--
``(i) address severe repetitive-loss
properties and repetitive-loss properties;
``(ii) assist low-income homeowners and
low-income geographic areas; and
``(iii) address flood risk for pre-FIRM
buildings.
``(4) Publication.--Each participating State shall publish
and periodically update a list of all projects receiving
funding from the State loan fund of the State, which shall
include identification of--
``(A) the community in which the project is
located;
``(B) the type and amount of assistance provided
for each project; and
``(C) the expected funding schedule and date of
completion of each project.
``(e) Fund Management.--Amounts in a State loan fund shall--
``(1) remain available for providing financial assistance
under this section until distributed;
``(2) if the amounts are not required for immediate
distribution or expenditure, be invested in interest-bearing
obligations; and
``(3) except as provided in subsection (i), include only--
``(A) amounts received from capitalization grants
made under this section;
``(B) repayments of loans made from the fund; and
``(C) interest earned on amounts in the fund.
``(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--
``(A) the interest rate for the loan is not more
than the market interest rate;
``(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--
``(i) ends on a date that is not later than
30 years after the date on which the project is
completed; and
``(ii) is not longer than the expected
design life of the project;
``(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
``(E) payments of principal and interest with
respect to the loan will be deposited into the State
loan fund;
``(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--
``(A) improve credit market access; or
``(B) reduce the interest rate with respect to the
obligation;
``(4) as a source of revenue or as security for the payment
of principal and interest on revenue or general obligation
bonds issued by the State if the proceeds of the sale of the
bonds will be deposited into the State loan fund; or
``(5) to earn interest on those amounts.
``(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.
``(2) Limitation.--For each fiscal year, the total amount
of additional subsidization provided by a participating State
under paragraph (1) may not exceed 30 percent of the amount of
the capitalization grant allocated to the State for that fiscal
year.
``(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--
``(A) combining the administration of the funds
would--
``(i) be convenient and avoid
administrative costs; and
``(ii) not violate the law of the State;
and
``(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--
``(I) accounted for separately from
amounts from other revolving funds; and
``(II) used only for purposes
authorized under this section; and
``(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;
``(ii) provide appropriate oversight of
projects authorized under this section; and
``(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
``(ii) the greatest of--
``(I) $400,000;
``(II) 0.2 percent of the value of
the State loan fund of a State, as of
the date on which the valuation is
made; and
``(III) an amount equal to 7
percent of all grant awards made to a
participating State for the State loan
fund of the State under this section
for the fiscal year.
``(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.
``(B) Report.--Each participating State shall
submit to the Administrator a biennial report regarding
the activities of the State under this section during
the period covered by the report, including--
``(i) the result of any audit conducted by
the State under subparagraph (A); and
``(ii) a review of the effectiveness of the
State loan fund of the State with respect to--
``(I) the intended use plans of the
State; and
``(II) meeting the objectives
described in subsection (b)(1).
``(4) Oversight.--In conducting oversight with respect to
State loan funds established under this section, the
Administrator--
``(A) shall--
``(i) periodically audit the funds in
accordance with procedures established by the
Comptroller General of the United States; and
``(ii) not less frequently than once every
4 years, review each State loan fund to
determine the effectiveness of the fund in
reducing flood risk; and
``(B) may, at any time--
``(i) make recommendations to a
participating State with respect to the
administration of the State loan fund of the
State; or
``(ii) require specific changes with
respect to a State loan fund in order to
improve the effectiveness of the fund.
``(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;
``(2) reduce, to the maximum extent practicable, waste,
fraud, and abuse with respect to the implementation of this
section; and
``(3) require any party that receives funds directly or
indirectly under this section, including a participating State
and a recipient of amounts from a State loan fund, to use
procedures with respect to the management of the funds that
conform to generally accepted accounting standards.
``(l) Authorization of Appropriations.--There ia authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2020 through 2024.''.
SEC. 106. USE OF REPLACEMENT COST VALUE IN ESTIMATING PREMIUM RATES.
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:
``(i) Use of Replacement Cost Value.--In determining affordability
for insurance provided under this title, the Administrator may
consider, where appropriate, the impact of the inclusion of the
replacement cost or other settlement basis of the structure.''.
SEC. 107. REFUND OF PREMIUMS UPON CANCELLATION OF POLICY BECAUSE OF
REPLACEMENT WITH PRIVATE FLOOD INSURANCE.
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--
``(A) on the effective date of the new policy
obtained from a source other than the program under
this title, if the request for such cancellation was
received by the Administrator before the expiration of
the 6-month period beginning on the effective date of
the new policy; or
``(B) on the date of the receipt by the
Administrator of the request for cancellation, if the
request for such cancellation was received by the
Administrator after the expiration of the 6-month
period beginning on the effective date of the new
policy.
``(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--
``(A) with respect to coverage for any property for
which measures have been implemented using amounts
received pursuant to a claim under increased cost of
compliance coverage made available pursuant to section
1304(b); or
``(B) if a claim has been paid or is pending under
the policy term for which the refund is sought.''.
TITLE II--MAPPING
SEC. 201. REAUTHORIZATION OF APPROPRIATIONS FOR NATIONAL FLOOD MAPPING
PROGRAM.
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''.
SEC. 202. NATIONAL FLOOD MAPPING PROGRAM.
(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--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) cadastral features, including, for each
cadastral feature--
``(i) the associated parcel identification
data for such cadastral feature; and
``(ii) to the maximum extent practicable,
using public and private sector address data,
the address of such cadastral feature.''.
(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--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(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--
(1) by redesignating subsection (f) as subsection (m); and
(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--
``(A) the stream gage stations in such stream flow
networks are operational and use modern hardware;
``(B) such stream flow networks are sufficiently
densified by adding new stream gage stations in high-
risk areas;
``(C) inactive critical stream gage stations in
such stream flow networks are reactivated; and
``(D) the speed of the geospatial real-time data
feeds from such stream gage stations is increased.
``(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.
``(B) Stream gage station.--The term `stream gage
station' means a device installed at the edge of a
river or stream that measures or records the flow of
water down the stream and additional information such
as water height, water chemistry, and water
temperature.
``(3) Rule of construction.--The purpose of this subsection
is to require cooperation between the Federal Emergency
Management Agency and United States Geological Survey and
nothing in this subsection may be construed to require or
obligate funding expenditures.
``(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;
``(3) allows users to view flood risks, flood insurance
zones, and flood elevations;
``(4) provides access to flood mapping and related
information such as--
``(A) hydrologic and hydraulic models used in
determining flood risk;
``(B) structure footprints where available as part
of a national structure inventory;
``(C) flood depth grids;
``(D) flood risk reports;
``(E) flood risk assessments (Hazus analyses);
``(F) hazard mitigation plans; and
``(G) other flood risk products at the discretion
of the Administrator; and
``(5) maintains and disseminates such data in a consistent
manner.
``(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.
``(k) Definitions.--In this section:
``(1) Cadastral feature.--The term `cadastral feature'
means the geographic elements and features--
``(A) that are independent of elevation, such as
roads, structure footprints, and rivers and lakes;
``(B) which are represented on maps to show the
true location and size of the elements in relationship
to each other, as they are seen from the air; and
``(C) that are mapped from LiDAR or aerial
photography by employing basic photogrammetry.
``(2) Parcel identification data.--The term `parcel
identification data' means the information associated with a
parcel of land, including the geographic location, unique
parcel identifier, boundaries, structures contained within the
parcel, zoning classification, and owner.''.
SEC. 203. FLOOD MAPPING MODERNIZATION AND HOMEOWNER EMPOWERMENT PILOT
PROGRAM.
(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.
(2) To provide structure-specific projections of annual
chance flood frequency.
(3) To provide structure-based flood-risk assessments.
(4) To provide urban flood-risk mitigation program design.
(5) To incorporate information regarding climate trends
into urban flooding risk assessments.
(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;
(B) any unit of general local government if the
stormwater management agency for such unit has
previously received a grant under the pilot program; or
(C) any stormwater management agency of a unit of
general local government if such unit 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.
(ii) Non-pelagic coastal city.--One shall
be unit of general local government, or
stormwater authority for such a unit, that is a
coastal unit, but not a pelagic unit.
(iii) Non-coastal city.--One shall be unit
of general local government, or stormwater
authority for such a unit, that is not a
coastal 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:
(i) Coastal cities.--Three shall be units
of general local government, or stormwater
management authorities for such units, that are
coastal units.
(ii) Non-coastal cities.--Three shall be
units of general local government, or
stormwater management authorities for such
units, that are not coastal units.
(C) Tier 3.--Three of the applicants selected shall
be units of general local government, or stormwater
management authorities for such units, having a
population exceeding 50,000 but not exceeding 200,000.
(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--
(A) that are highly vulnerable to sea level rise;
(B) within which are located a military
installation or other facility relating to national
security concerns; or
(C) that have a population that is highly
vulnerable to urban flooding and have an uneven
capacity for flood mitigation and response efforts
resulting from socioeconomic factors.
(g) Amount.--
(1) Considerations.--In determining the amount of grant
under the pilot program under this section, the Administrator
shall consider the population of the grant recipient, which may
be considered in terms of the tier under subsection (e)(2) of
the recipient.
(2) Federal share.--The amount of a grant under the pilot
program under this section may not exceed 75 percent of the
total cost of the activities under subsection (b) to be carried
out using the grant amounts.
(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--
(1) the activities carried out with amounts from the grant;
(2) how the activities carried out with such grant amounts
have met the objectives described in subsection (b); and
(3) any lessons learned in carrying out such activities and
any recommendations for future mapping modernization efforts by
the Federal Emergency Management Agency.
(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--
(1) describes--
(A) the progress of the activities carried out with
amounts from such grants; and
(B) the effectiveness of technology-based mapping
tools used in carrying out the activities described in
subparagraph (A); and
(2) with respect to the final report that the Administrator
is required to submit under this subsection, includes
recommendations to the Congress and the executive branch of the
Federal Government for implementing strategies, practices, and
technologies to mitigate the effects of urban flooding.
(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--
(1) take a structural-based mitigation approach with
respect to construction, which includes--
(A) recognizing any post-storm damage that may
occur; and
(B) pursuing designs that proactively minimize
future flood damage;
(2) make individuals in the community aware, through any
cost-effective and available means of education, of the best
approaches regarding the construction of properties that are
able to survive floods, which reduces the cost of future
repairs; and
(3) encourage home and property owners to consider the
measures described in paragraphs (1) and (2), which are the
most cost-effective and prudent ways to reduce the impact of
flooding, when constructing or renovating building components.
(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--
(A) exceeds 2,000 square miles in size; and
(B) is not a river.
(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--
(i) situations in which stormwater enters
buildings through windows, doors, or other
openings;
(ii) water backup through sewer pipes,
showers, toilets, sinks, and floor drains;
(iii) seepage through walls and floors;
(iv) the accumulation of water on property
or public rights-of-way; and
(v) the overflow from water bodies, such as
rivers, lakes, and oceans.
(B) Exclusion.--Such term does not include flooding
in undeveloped or agricultural areas.
(n) Funding.--There is authorized to be appropriated for grants
under the pilot program under this section--
(1) $1,200,000 for fiscal year 2020; and
(2) $4,300,000 for fiscal year 2021, to remain available
through 2023.
SEC. 204. MAPPING IMPROVEMENTS AND REACH.
(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--
(1) in clause (v), by striking ``and'' at the end;
(2) by redesignating clause (vi) as clause (vii); and
(3) by inserting after clause (v) the following:
``(vi) all areas of the United States;
and''.
(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)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(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
``(II) other purposes of the
National Flood Insurance Program;'';
(C) in subparagraph (C), as so redesignated, by
striking ``and'' at the end;
(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.
``(B) Consultation with states and communities.--In
designing and constructing the digital display
environment under subparagraph (A), the Administrator
shall--
``(i) leverage and partner with States and
communities that have successfully implemented
the same approach; and
``(ii) consider adopting the techniques and
technologies used by the States and communities
described in clause (i) and applying those
techniques and technologies nationwide.
``(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--
``(i) be prompted through dynamic querying
of a spatial, relational flood hazard and risk
database;
``(ii) as permissible under law, be made
available to the public;
``(iii) to the extent feasible, and where
sufficient data is available, provide
information, with respect to individual
structures, regarding--
``(I) flood hazard and risk
assessment determinations;
``(II) flood insurance; and
``(III) flood risk mitigation
efforts;
``(iv) be constructed in a manner that
facilitates coordination with digital display
systems that--
``(I) have been developed by State
and community partners; and
``(II) the Administrator finds are
acceptable;
``(v) include the capability to print
physical copies of maps; and
``(vi) where feasible, allow for the
maintenance and storage of elevation
certificates.
``(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.''.
SEC. 205. APPEALS REGARDING EXISTING FLOOD 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--
``(A) the base flood elevation level or designation
of any aspect of a flood map is scientifically or
technically inaccurate; or
``(B) factors exist that mitigate the risk of
flooding, including ditches, banks, walls, vegetation,
levees, lakes, dams, reservoirs, basin, retention
ponds, and other natural or manmade topographical
features.
``(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.
``(C) Additional relief.--The Administrator may
provide additional refunds in excess of the amounts
specified in subparagraphs (A) and (B) if the
Administrator determines that such additional amounts
are warranted.
``(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.
``(6) Guidance.--The Administrator shall issue guidance to
implement this subsection, which shall not be subject to the
notice and comment requirements under section 553 of title 5,
United States Code.''.
(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.
SEC. 206. APPEALS AND PUBLICATION OF PROJECTED SPECIAL FLOOD HAZARD
AREAS.
(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.'';
(2) in subsection (d), by striking ``subsection (e)'' and
inserting ``subsection (f)'';
(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''.
SEC. 207. COMMUNICATION AND OUTREACH REGARDING MAP CHANGES.
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--
(1) in subparagraph (B), by inserting ``maximum'' before
``30-day period''; and
(2) in subparagraph (C), by inserting ``maximum'' before
``30-day period''.
SEC. 208. ADOPTION OF PARTIAL FLOOD MAPS.
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.''.
SEC. 209. NEW ZONE FOR LEVEE-IMPACTED 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:
``(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--
``(A) establish flood risk zones for those levee-
impacted areas on such maps, to be known as `AL-E
zones', that have an established elevation for
community floodplain management; and
``(B) make flood insurance available to properties
located within those levee-impacted areas.
``(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.''.
SEC. 210. AGRICULTURAL STRUCTURES IN SPECIAL FLOOD HAZARD ZONES.
(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--
``(I) that neither floodproofing
nor elevation of the new structure to
the base flood elevation is
practicable; and
``(II) that the structure is not
located in--
``(aa) a designated
regulatory floodway;
``(bb) an area riverward of
a levee or other flood control
structure; or
``(cc) an area subject to
high velocity wave action or
seaward of flood control
structures.
``(iii) In the case of existing
structures--
``(I) if such structure is
substantially damaged or in need of
substantial repairs or improvements,
such official has determined that
neither floodproofing nor elevation to
the base flood elevation is
practicable; and
``(II) if such structure is located
within a designated regulatory
floodway, such official has determined
that the repair or improvement does not
result in any increase in base flood
levels during the base flood discharge.
``(iv) Such official has determined that
the variance will not result in increased flood
heights, additional threats to public safety,
extraordinary public expense, create nuisances,
cause fraud on or victimization of the public,
or conflict with existing local laws or
ordinances.
``(v) Not more than one claim payment
exceeding $1,000 has been made for the
structure under flood insurance coverage under
this title within any period of 10 consecutive
years at any time prior to the granting of the
variance.
``(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).''.
SEC. 211. TECHNICAL MAPPING ADVISORY COUNCIL.
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--
(1) by redesignating subparagraphs (A) through (E) as
subparagraphs (B) through (F), respectively;
(2) by inserting before subparagraph (B), as so
redesignated by subparagraph (A) of this paragraph, the
following new subparagraph:
``(A) the Director of the United States Geological
Survey;''; and
(3) in subparagraph (F), as so redesignated by paragraph
(1) of this section--
(A) in the matter preceding clause (i), by striking
``16'' and inserting ``17'';
(B) in clause (xiii), by striking ``and'' at the
end;
(C) in clause (xiv), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following new clause:
``(xv) a member of a recognized
professional real estate brokerage
association.''.
TITLE III--MITIGATION
SEC. 301. INCREASED COST OF COMPLIANCE COVERAGE.
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;
(4) by redesignating paragraph (4) as subparagraph (E) (and
by adjusting the margin accordingly);
(5) by inserting after subparagraph (C), as so
redesignated, the following:
``(D) properties identified by the Administrator as
priorities for mitigation activities before the
occurrence of damage to or loss of property which is
covered by flood insurance; and'';
(6) by inserting before ``The national flood insurance
program'' the following:;
``(1) In general.--''.
(7) by striking ``The Administrator'' and inserting the
following:
``(2) Premium.--The Administrator''; and
(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);
``(ii) pre-disaster mitigation projects for
eligible structures (as such term is defined in
subparagraph (C)); and
``(iii) costs associated with the purchase,
clearing, and stabilization of property that is
part of an acquisition or relocation program
that complies with subparagraph (B).
``(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) any new structure erected on
such property will be--
``(aa) a public facility
that is open on all sides and
functionally related to a
designated open space;
``(bb) a restroom; or
``(cc) a structure that the
Administrator approves in
writing before the commencement
of the construction of the
structure.
``(ii) Further assistance.--If an
acquisition or relocation project is assisted
pursuant to subparagraph (A)(iii)--
``(I) no person may apply to a
Federal entity for disaster assistance
with regard to any property acquired,
accepted, or from which a structure was
removed as part of such acquisition or
relocation project; and
``(II) no Federal entity may
provide disaster assistance for such
property.
``(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.
``(III) Assisted structure
defined.--For the purposes of this
clause, the term `assisted structure'
means a structure on property that is
part of an acquisition or relocation
project assisted pursuant to
subparagraph (A) that was, as part of
such acquisition or relocation
project--
``(aa) altered;
``(bb) improved;
``(cc) replaced;
``(dd) repaired; or
``(ee) restored.
``(C) Eligible structure defined.--For purposes of
this paragraph, the term `eligible structure' means any
structure that--
``(i) was constructed in compliance with
the Flood Insurance Rate Map and local building
and zoning codes in effect at the date of
construction of the structure; and
``(ii) has not previously been altered,
improved, replaced, or repaired using
assistance provided under this subsection.
``(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.
``(6) Implementation.--Notwithstanding any other provision
of law, the Administrator may implement this subsection by
adopting one or more standard endorsements to the Standard
Flood Insurance Policy by publication of such standards in the
Federal Register, or by comparable means.''.
SEC. 302. MULTIPLE-LOSS PROPERTIES.
(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:
``(e) Multiple-loss Properties.--In making determinations regarding
financial assistance under the authorities of this Act, the
Administrator may consider the extent to which a community is working
to remedy problems with addressing multiple-loss properties.''.
(b) Definitions.--Subsection (a) of section 1370 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4121) is amended--
(1) by redesignating paragraphs (8) through (15) as
paragraphs (11) through (18), respectively; and
(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--
``(A) 4 or more separate claims payments have been
made under flood insurance coverage under this title,
with the amount of each such claim exceeding $5,000,
and with the cumulative amount of such claims payments
exceeding $20,000; or
``(B) at least 2 separate claims payments have been
made under flood insurance coverage under this title,
with the cumulative amount of such claims payments
exceeding the value of the structure.
``(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'';
(B) in subsection (g)(2)(B), by striking clauses
(i) and (ii) and inserting the following:
``(i) an extreme repetitive-loss property;
or
``(ii) a severe repetitive-loss
property.'';
(C) by striking subsection (h); and
(D) by redesignating subsection (i), as added by
the preceding provisions of this Act, as subsection
(h);
(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'';
(C) in subsection (d)--
(i) in paragraph (1)--
(I) in the paragraph heading, by
striking ``repetitive loss structures''
and inserting ``repetitive-loss and
extreme repetitive loss properties'';
and
(II) in the matter preceding
subparagraph (A), by striking
``repetitive loss structures'' and
inserting ``repetitive-loss properties
or extreme repetitive-loss
properties''; and
(ii) in paragraph (2)--
(I) in the paragraph heading, by
striking ``Repetitive loss structures''
and inserting ``Repetitive-loss
properties''; and
(II) by striking ``repetitive loss
structures'' and inserting
``repetitive-loss properties''; and
(D) in subsection (h), by striking paragraphs (2)
and (3).
SEC. 303. PREMIUM RATES FOR CERTAIN MITIGATED 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--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking ``and'' at the end;
and
(3) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) with respect to buildings in dense urban
environments, methods that can be deployed on a block
or neighborhood scale; and
``(D) elevation of mechanical or other critical
systems; and''.
(b) Mitigation Credit.--Subsection (k) of section 1308 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(k)) is amended--
(1) by striking ``shall take into account'' and inserting
the following: ``shall--
``(1) take into account'';
(2) in paragraph (1), as so designated by the amendment
made by paragraph (1) of this subsection, by striking the
period at the end and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(2) offer a reduction of the risk premium rate charged to
a policyholder, as determined by the Administrator, if the
policyholder implements any mitigation method described in
paragraph (1).''.
SEC. 304. COVERAGE FOR COOPERATIVES.
(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:
``(f) Cooperative Buildings.--Notwithstanding any other provision
of law, the Administrator shall make flood insurance coverage available
to any individual with a membership interest and occupancy agreement in
a cooperative housing project on the same terms as any owner of a
condominium.''.
(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--
``(1) to condominium owners''; and
(B) by striking the period at the end and inserting
``; or''; and
(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
(2) by adding at the end the following:
``(d) Definitions.--For purposes of this section and section
1306(e), the terms `cooperative association' and `cooperative housing
project' shall have such meaning as the Secretary shall provide.''.
SEC. 305. VOLUNTARY COMMUNITY-BASED FLOOD INSURANCE PILOT PROGRAM.
(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--
(1) covers all residential and non-residential properties
within the community; and
(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:
(1) A mapping requirement for properties covered by the
policy.
(2) A deductible.
(3) Certification or accreditation of mitigation
infrastructure when available and appropriate.
(4) A community audit.
(5) A method of preventing redundant claims payments by the
National Flood Insurance Program in the case of a claim by an
individual property owner who is covered by a community-wide
flood insurance policy and an individual policy obtained
through the Program.
(6) Coverage for damage arising from flooding that complies
with the standards under the National Flood Insurance Program
appropriate to the nature and type of property covered.
(d) Timing.--The Administrator shall establish the demonstration
program under this section not later than the expiration of the 180-day
period beginning on the date of the enactment of this Act and the
program shall terminate on September 30, 2022.
(e) Definition of Community.--For purposes of this section, the
term ``community'' means any unit of local government, within the
meaning given such term under the laws of the applicable State.
SEC. 306. MITIGATION FUNDING.
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).
SEC. 307. COMMUNITY RATING SYSTEM IMPROVEMENTS.
(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--
(1) in paragraph (2), by striking ``may'' and inserting
``shall''; and
(2) in paragraph (3), by inserting ``, and the
Administrator shall provide credits to the maximum number of
communities practicable'' after ``under this program''.
(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--
``(A) the evidence referred to in paragraph (2);
``(B) such assurances as the Administrator shall
require to ensure compliance with the requirement under
paragraph (3);
``(C) such assurances as the Administrator shall
require to ensure that the consortia will provide
funding sufficient to continue the position or
positions funded with the grant amounts, in the same
annual amount as under such grant funding, after such
grant funds are expended; and
``(D) such other information as the Administrator
may require.
``(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.
``(7) Authorization of appropriations.--There is authorized
to be appropriated for grants under this subsection--
``(A) $7,000,000 for the first fiscal year
commencing after the expiration of the 4-month period
beginning on the date of the enactment of this Act; and
``(B) $7,000,000 for each of the four consecutive
fiscal years thereafter.''.
SEC. 308. COMMUNITY ASSISTANCE PROGRAM FOR EFFECTIVE FLOODPLAIN
MANAGEMENT.
(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--
``(1) making community assistance grants under subsection
(c) to States;
``(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;
``(6) in coordination with each State receiving a grant
under subsection (c), developing and executing a strategy to--
``(A) provide technical and financial assistance to
communities, including small and rural communities, and
Indian tribes within the State; and
``(B) encourage greater participation in the
community rating system program; and
``(7) establishing goals for States participating in the
program and incentives for exceeding such goals.
``(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--
``(A) to increase the capacity and capability of
the State and communities and Indian tribes in the
State to effectively manage flood risk and to fully
participate in the national flood insurance program,
including the community rating system program; and
``(B) for activities related to implementation,
administration, oversight, and enforcement of the
national flood insurance program at the State and local
and tribal levels.
``(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;
``(B) agree to submit such reports, certifications,
and information to the Administrator as the
Administrator shall require, including those required
under paragraph (5); and
``(C) meet any additional eligibility requirements
as the Administrator may require.
``(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;
``(C) identify State resources and programs to
manage floodplains and reduce flood risk;
``(D) address on a long-term basis--
``(i) integration of floodplain management
activities with other State functions and
activities;
``(ii) identification of flood hazards;
``(iii) management of natural floodplain
functions and resources;
``(iv) elimination of adverse impacts of
development on the floodplain;
``(v) flood mitigation and recovery
strategies for the State;
``(vi) strategies for informing communities
and citizens about flood risk and mitigation
options; and
``(vii) measures for evaluating the
effectiveness of State floodplain management
efforts;
``(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;
``(F) provide for oversight, administration and
enforcement of the national flood insurance program at
the State and community levels; and
``(G) meet such other requirements as the
Administrator may establish.
``(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.
``(2) Set-asides.--From any amounts made available for
grants under this section, the Administrator may reserve such
amount as the Administrator considers appropriate--
``(A) for community assistance grants under
subsection (c) to States; and
``(B) for additional assistance only for States
exceeding the goals established pursuant to subsection
(b)(8).''.
(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--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) for carrying out the community assistance program for
effective floodplain management under section 1327.''.
TITLE IV--MODERNIZATION
SEC. 401. EFFECT OF PRIVATE FLOOD INSURANCE COVERAGE ON CONTINUOUS
COVERAGE REQUIREMENTS.
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.''.
SEC. 402. OPTIONAL COVERAGE FOR UMBRELLA POLICIES.
Subsection (b) of section 1306 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4013(b)), is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(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--
``(A) purchase of such coverage shall be at the
option of the insured; and
``(B) any such coverage shall be made available
only at chargeable rates that are not less than the
estimated premium rates for such coverage determined in
accordance with section 1307(a)(1).''.
SEC. 403. ANNUAL INDEPENDENT ACTUARIAL STUDY.
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.''.
SEC. 404. SHARING OF AND ACCESS TO INFORMATION.
(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.
``(2) Such information obtained under paragraph shall be
made available as required by subsections (c) and (d).
``(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.
``(2) Such other available information about the property
as determined by the Administrator to accurately and adequately
characterize the true flood risk to the property.
``(3) A notice to the recipient of the information that the
information provided may only be utilized by the recipient
alone and only for the purposes of homebuying.''.
(b) Effective Date.--Subsection (d) of section 1313 of the National
Flood Insurance Act of 1968, as added by the amendment made by
subsection (a)(2) of this section, shall take effect beginning upon the
expiration of the 12-month period that begins on the date of the
enactment of this Act.
SEC. 405. ELEVATION CERTIFICATES.
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.''.
SEC. 406. LEVERAGING RISK TRANSFER OPPORTUNITIES FOR A SOUND FINANCIAL
FRAMEWORK.
(a) In General.--Subsection (e) of section 1345 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4081(e)) is amended--
(1) by striking ``(e) Risk Transfer.--The Administrator''
and inserting the following:
``(e) Leveraging Risk Transfer Opportunities for a Sound Financial
Framework.--
``(1) Authority.--The Administrator''; and
(2) by adding at the end the following:
``(2) Leveraging risk transfer opportunities.--On an annual
basis, the Administrator shall evaluate ceding a portion of the
risk of the flood insurance program under this title to the
private reinsurance or capital markets, or any combination
thereof, if the Administrator determines--
``(A) the rates and terms are reasonable and
appropriate; and
``(B) doing so would further the development and
maintenance of a sound financial framework for the
National Flood Insurance Program.''.
(b) Effective Date.--The amendments made by subsection (a) shall
become effective upon the expiration of the 18-month period that begins
upon the date of the enactment of this Act.
SEC. 407. WRITE-YOUR-OWN ARRANGEMENTS.
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:
``(1) Fraud or misrepresentation by the company after the
inception of the arrangement.
``(2) Nonpayment to the Administrator of any amount due.
``(3) Material failure to comply with the requirements of
the arrangement or with the written standards, procedures, or
guidance issued by the Administrator relating to the National
Flood Insurance Program and applicable to the company.
``(g) Standardized Fee Authority.--The Administrator may establish
and implement a standardized fee schedule for all engineering services
provided in connection with flood insurance coverage provided under
this title by means of a Write Your Own arrangement.''.
SEC. 408. STUDY ON INCREASING PARTICIPATION.
(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.
(2) Automatically enrolling consumers in flood insurance
while providing consumers the opportunity to decline
enrollment.
(3) Bundling flood insurance coverage that diversifies risk
across all or multiple-peril forms.
(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)).
(2) The percentage of properties with federally backed
mortgages located in the 500-year floodplain that are covered
by flood insurance that would satisfy the requirement described
in paragraph (1) if that requirement applied to such
properties.
(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
(3) the term ``property with a federally backed mortgage''
means improved real estate or a mobile home securing a loan
that was--
(A) made by a regulated lending institution or
Federal agency lender; or
(B) purchased by the Federal National Mortgage
Association or the Federal Home Loan Mortgage
Corporation.
Union Calendar No. 210
116th CONGRESS
1st Session
H. R. 3167
[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
National Flood Insurance Program Reauthorization Act of 2019
#3167 | HR Congress #116
Policy Area: Finance and Financial Sector
Subjects: Administrative law and regulatory proceduresAdministrative remediesAdvisory bodiesBuilding constructionCongressional oversightCooperative and condominium housingDams and canalsDisaster relief and insuranceEmergency planning and evacuationFarmlandFederal Emergency Management Agency (FEMA)Floods and storm protectionGeography and mappingGovernment information and archivesGovernment lending and loan guaranteesGovernment studies and investigationsHousing and community development fundingHousing finance and home ownershipInsurance industry and regulation
Last Action: Placed on the Union Calendar, Calendar No. 210. (10/28/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text