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HR 5652 EHPCSCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 5652CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To provide for reconciliation pursuant to section 201 of the concurrent resolution on the budget for fiscal year 2013.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Sequester Replacement Reconciliation Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Table of contents.CommentsClose CommentsPermalink

TITLE I--AGRICULTURE

Sec. 101. Short title.CommentsClose CommentsPermalink





Sec. 102. ARRA sunset at June 30, 2012.CommentsClose CommentsPermalink





Sec. 103. Categorical eligibility limited to cash assistance.CommentsClose CommentsPermalink





Sec. 104. Standard utility allowances based on the receipt of energy assistance payments.CommentsClose CommentsPermalink





Sec. 105. Employment and training; workfare.CommentsClose CommentsPermalink





Sec. 106. End State bonus program for the supplemental nutrition assistance program.CommentsClose CommentsPermalink





Sec. 107. Funding of employment and training programs.CommentsClose CommentsPermalink





Sec. 108. Turn off indexing for nutrition education and obesity prevention.CommentsClose CommentsPermalink





Sec. 109. Extension of Authorization of Food and Nutrition Act of 2008.CommentsClose CommentsPermalink





Sec. 110. Effective dates and application of amendments.CommentsClose CommentsPermalink

TITLE II--COMMITTEE ON ENERGY AND COMMERCE

Subtitle A--Repeal of Certain ACA Funding Provisions

Sec. 201. Repealing mandatory funding to states to establish American Health Benefit Exchanges.CommentsClose CommentsPermalink





Sec. 202. Repealing Prevention and Public Health Fund.CommentsClose CommentsPermalink





Sec. 203. Rescinding unobligated balances for CO-OP program.CommentsClose CommentsPermalink

Subtitle B--Medicaid

Sec. 211. Revision of provider tax indirect guarantee threshold.CommentsClose CommentsPermalink





Sec. 212. Rebasing of State DSH allotments for fiscal year 2022.CommentsClose CommentsPermalink





Sec. 213. Repeal of Medicaid and CHIP maintenance of effort requirements under PPACA.CommentsClose CommentsPermalink





Sec. 214. Medicaid payments to territories.CommentsClose CommentsPermalink





Sec. 215. Repealing bonus payments for enrollment under Medicaid and CHIP.CommentsClose CommentsPermalink

TITLE III--FINANCIAL SERVICES

Sec. 301. Table of contents.CommentsClose CommentsPermalink

Subtitle A--Orderly Liquidation Fund

Sec. 311. Repeal of liquidation authority.CommentsClose CommentsPermalink

Subtitle B--Home Affordable Modification Program

Sec. 321. Short title.CommentsClose CommentsPermalink





Sec. 322. Congressional findings.CommentsClose CommentsPermalink





Sec. 323. Termination of authority.CommentsClose CommentsPermalink





Sec. 324. Sense of Congress.CommentsClose CommentsPermalink

Subtitle C--Bureau of Consumer Financial Protection

Sec. 331. Bringing the Bureau of Consumer Financial Protection into the regular appropriations process.CommentsClose CommentsPermalink

Subtitle D--Flood Insurance Reform

Sec. 341. Short title.CommentsClose CommentsPermalink





Sec. 342. Extensions.CommentsClose CommentsPermalink





Sec. 343. Mandatory purchase.CommentsClose CommentsPermalink





Sec. 344. Reforms of coverage terms.CommentsClose CommentsPermalink





Sec. 345. Reforms of premium rates.CommentsClose CommentsPermalink





Sec. 346. Technical Mapping Advisory Council.CommentsClose CommentsPermalink





Sec. 347. FEMA incorporation of new mapping protocols.CommentsClose CommentsPermalink





Sec. 348. Treatment of levees.CommentsClose CommentsPermalink





Sec. 349. Privatization initiatives.CommentsClose CommentsPermalink





Sec. 350. FEMA annual report on insurance program.CommentsClose CommentsPermalink





Sec. 351. Mitigation assistance.CommentsClose CommentsPermalink





Sec. 352. Notification to homeowners regarding mandatory purchase requirement applicability and rate phase-ins.CommentsClose CommentsPermalink





Sec. 353. Notification to members of congress of flood map revisions and updates.CommentsClose CommentsPermalink





Sec. 354. Notification and appeal of map changes; notification to communities of establishment of flood elevations.CommentsClose CommentsPermalink





Sec. 355. Notification to tenants of availability of contents insurance.CommentsClose CommentsPermalink





Sec. 356. Notification to policy holders regarding direct management of policy by FEMA.CommentsClose CommentsPermalink





Sec. 357. Notice of availability of flood insurance and escrow in RESPA good faith estimate.CommentsClose CommentsPermalink





Sec. 358. Reimbursement for costs incurred by homeowners and communities obtaining letters of map amendment or revision.CommentsClose CommentsPermalink





Sec. 359. Enhanced communication with certain communities during map updating process.CommentsClose CommentsPermalink





Sec. 360. Notification to residents newly included in flood hazard areas.CommentsClose CommentsPermalink





Sec. 361. Treatment of swimming pool enclosures outside of hurricane season.CommentsClose CommentsPermalink





Sec. 362. Information regarding multiple perils claims.CommentsClose CommentsPermalink





Sec. 363. FEMA authority to reject transfer of policies.CommentsClose CommentsPermalink





Sec. 364. Appeals.CommentsClose CommentsPermalink





Sec. 365. Reserve fund.CommentsClose CommentsPermalink





Sec. 366. CDBG eligibility for flood insurance outreach activities and community building code administration grants.CommentsClose CommentsPermalink





Sec. 367. Technical corrections.CommentsClose CommentsPermalink





Sec. 368. Requiring competition for national flood insurance program policies.CommentsClose CommentsPermalink





Sec. 369. Studies of voluntary community-based flood insurance options.CommentsClose CommentsPermalink





Sec. 370. Report on inclusion of building codes in floodplain management criteria.CommentsClose CommentsPermalink





Sec. 371. Study on graduated risk.CommentsClose CommentsPermalink





Sec. 372. Report on flood-in-progress determination.CommentsClose CommentsPermalink





Sec. 373. Study on repaying flood insurance debt.CommentsClose CommentsPermalink





Sec. 374. No cause of action.CommentsClose CommentsPermalink





Sec. 375. Authority for the corps of engineers to provide specialized or technical services.CommentsClose CommentsPermalink

Subtitle E--Repeal of the Office of Financial Research

Sec. 381. Repeal of the Office of Financial Research.CommentsClose CommentsPermalink

TITLE IV--COMMITTEE ON THE JUDICIARY

Sec. 401. Short title.CommentsClose CommentsPermalink





Sec. 402. Encouraging speedy resolution of claims.CommentsClose CommentsPermalink





Sec. 403. Compensating patient injury.CommentsClose CommentsPermalink





Sec. 404. Maximizing patient recovery.CommentsClose CommentsPermalink





Sec. 405. Punitive damages.CommentsClose CommentsPermalink





Sec. 406. Authorization of payment of future damages to claimants in health care lawsuits.CommentsClose CommentsPermalink





Sec. 407. Definitions.CommentsClose CommentsPermalink





Sec. 408. Effect on other laws.CommentsClose CommentsPermalink





Sec. 409. State flexibility and protection of States’ rights.CommentsClose CommentsPermalink





Sec. 410. Applicability; effective date.CommentsClose CommentsPermalink

TITLE V--COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM

Sec. 501. Retirement contributions.CommentsClose CommentsPermalink





Sec. 502. Annuity supplement.CommentsClose CommentsPermalink





Sec. 503. Contributions to Thrift Savings Fund of payments for accrued or accumulated leave.CommentsClose CommentsPermalink

TITLE VI--COMMITTEE ON WAYS AND MEANS

Subtitle A--Recapture of Overpayments Resulting From Certain Federally-subsidized Health Insurance

Sec. 601. Recapture of overpayments resulting from certain federally-subsidized health insurance.CommentsClose CommentsPermalink

Subtitle B--Social Security Number Required to Claim the Refundable Portion of the Child Tax Credit

Sec. 611. Social security number required to claim the refundable portion of the child tax credit.CommentsClose CommentsPermalink

Subtitle C--Human Resources Provisions

Sec. 621. Repeal of the program of block grants to States for social services.CommentsClose CommentsPermalink

TITLE VII--SEQUESTER REPLACEMENT

Sec. 701. Short title.CommentsClose CommentsPermalink





Sec. 702. Protecting veterans programs from sequester.CommentsClose CommentsPermalink





Sec. 703. Achieving $19 billion in discretionary savings.CommentsClose CommentsPermalink





Sec. 704. Conforming amendments to section 314 of the Congressional Budget and Impoundment Control Act of 1974.CommentsClose CommentsPermalink





Sec. 705. Treatment for PAYGO purposes.CommentsClose CommentsPermalink





Sec. 706. Elimination of the fiscal year 2013 sequestration for defense direct spending.CommentsClose CommentsPermalink

TITLE I--AGRICULTURECommentsClose CommentsPermalink

SEC. 101. SHORT TITLE.

This title may be cited as the ‘Agricultural Reconciliation Act of 2012’.CommentsClose CommentsPermalink

SEC. 102. ARRA SUNSET AT JUNE 30, 2012.

Section 101(a)(2) of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 120) is amended by striking ‘October 31, 2013’ and inserting ‘June 30, 2012’.CommentsClose CommentsPermalink

SEC. 103. CATEGORICAL ELIGIBILITY LIMITED TO CASH ASSISTANCE.

Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended--CommentsClose CommentsPermalink





(1) in the 2d sentence of subsection (a) by striking ‘households in which each member receives benefits’ and inserting ‘households in which each member receives cash assistance’, andCommentsClose CommentsPermalink





(2) in subsection (j) by striking ‘or who receives benefits under a State program’ and inserting ‘or who receives cash assistance under a State program’.CommentsClose CommentsPermalink

SEC. 104. STANDARD UTILITY ALLOWANCES BASED ON THE RECEIPT OF ENERGY ASSISTANCE PAYMENTS.

(a) Standard Utility Allowance- Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended--CommentsClose CommentsPermalink





(1) in subsection (e)(6)(C) by striking clause (iv), andCommentsClose CommentsPermalink





(2) in subsection (k) by striking paragraph (4) and inserting the following:CommentsClose CommentsPermalink





‘(4) THIRD PARTY ENERGY ASSISTANCE PAYMENTS- For purposes of subsection (d)(1), a payment made under a State law (other than a law referred to in paragraph (2)(G)) to provide energy assistance to a household shall be considered money payable directly to the household.’.CommentsClose CommentsPermalink





(b) Conforming Amendments- Section 2605(f)(2) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(f)(2)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and for purposes of determining any excess shelter expense deduction under section 5(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e))’, andCommentsClose CommentsPermalink





(2) in subparagraph (A) by inserting before the semicolon the following: ‘, except that such payments or allowances shall not be deemed to be expended for purposes of determining any excess shelter expense deduction under section 5(e)(6) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6))’.CommentsClose CommentsPermalink

SEC. 105. EMPLOYMENT AND TRAINING; WORKFARE.

(a) Administrative Cost-sharing for Employment and Training Programs-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended--CommentsClose CommentsPermalink





(A) in subsection (a) by inserting ‘(other than a program carried out under section 6(d)(4) or section 20)’ after ‘supplemental nutrition assistance program’ the 1st place it appears, andCommentsClose CommentsPermalink





(B) in subsection (h)--CommentsClose CommentsPermalink





(i) by striking paragraphs (2) and (3), andCommentsClose CommentsPermalink





(ii) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) Section 17(b)(1)(B)(iv)(III)(hh) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)(iv)(III)(hh)) is amended by striking ‘(g), (h)(2), or (h)(3)’ and inserting ‘or (g)’.CommentsClose CommentsPermalink





(B) Section 22(d)(1)(B)(ii) of the Food and Nutrition Act of 2008 (7 U.S.C. 2031(d)(1)(B)(ii)) is amended is amended by striking ‘, (g), (h)(2), and (h)(3)’ and inserting ‘and (g)’.CommentsClose CommentsPermalink





(b) Administrative Cost-sharing and Reimbursements for Workfare- Section 20 of the Food and Nutrition Act of 2008 (7 U.S.C. 2029) is amended by striking subsection (g).CommentsClose CommentsPermalink

SEC. 106. END STATE BONUS PROGRAM FOR THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended by striking subsection (d).CommentsClose CommentsPermalink

SEC. 107. FUNDING OF EMPLOYMENT AND TRAINING PROGRAMS.

For purposes of fiscal year 2013, the reference to $90,000,000 in section 16(h)(1)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)(1)(A)) shall be deemed to be a reference to $79,000,000.CommentsClose CommentsPermalink

SEC. 108. TURN OFF INDEXING FOR NUTRITION EDUCATION AND OBESITY PREVENTION.

Section 28(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2037(d)) is amended by striking ‘years--’ and all that follows through the period at the end, and inserting ‘years, $375,000,000.’.CommentsClose CommentsPermalink

SEC. 109. EXTENSION OF AUTHORIZATION OF FOOD AND NUTRITION ACT OF 2008.

Section 18(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2027(a)(1)) is amended by striking ‘2012’ and inserting ‘2013’.CommentsClose CommentsPermalink

SEC. 110. EFFECTIVE DATES AND APPLICATION OF AMENDMENTS.

(a) General Effective Date- Except as provided in subsection (b), this title and the amendments made by this title shall take effect on October 1, 2012, and shall apply only with respect to certification periods that begin on or after such date.CommentsClose CommentsPermalink





(b) Special Effective Date- Section 107 and the amendments made by sections 102, 103, 104, and 109 shall take effect on the date of the enactment of this Act and shall apply only with respect to certification periods that begin on or after such date.CommentsClose CommentsPermalink

TITLE II--COMMITTEE ON ENERGY AND COMMERCECommentsClose CommentsPermalink

Subtitle A--Repeal of Certain ACA Funding ProvisionsCommentsClose CommentsPermalink

SEC. 201. REPEALING MANDATORY FUNDING TO STATES TO ESTABLISH AMERICAN HEALTH BENEFIT EXCHANGES.

(a) In General- Section 1311(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(a)) is repealed.CommentsClose CommentsPermalink





(b) Rescission of Unobligated Funds- Of the funds made available under such section 1311(a), the unobligated balance is rescinded.CommentsClose CommentsPermalink

SEC. 202. REPEALING PREVENTION AND PUBLIC HEALTH FUND.

(a) In General- Section 4002 of the Patient Protection and Affordable Care Act (42 U.S.C. 300u-11) is repealed.CommentsClose CommentsPermalink





(b) Rescission of Unobligated Funds- Of the funds made available by such section 4002, the unobligated balance is rescinded.CommentsClose CommentsPermalink

SEC. 203. RESCINDING UNOBLIGATED BALANCES FOR CO-OP PROGRAM.

Of the funds made available under section 1322(g) of the Patient Protection and Affordable Care Act (42 U.S.C. 18042(g)), the unobligated balance is rescinded.CommentsClose CommentsPermalink

Subtitle B--MedicaidCommentsClose CommentsPermalink

SEC. 211. REVISION OF PROVIDER TAX INDIRECT GUARANTEE THRESHOLD.

Section 1903(w)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1396b(w)(4)(C)(ii)) is amended by inserting ‘and for portions of fiscal years beginning on or after October 1, 2012,’ after ‘October 1, 2011,’.CommentsClose CommentsPermalink

SEC. 212. REBASING OF STATE DSH ALLOTMENTS FOR FISCAL YEAR 2022.

Section 1923(f) of the Social Security Act (42 U.S.C. 1396r-4(f)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraph (9) as paragraph (10);CommentsClose CommentsPermalink





(2) in paragraph (3)(A) by striking ‘paragraphs (6), (7), and (8)’ and inserting ‘paragraphs (6), (7), (8), and (9)’; andCommentsClose CommentsPermalink





(3) by inserting after paragraph (8) the following new paragraph:CommentsClose CommentsPermalink





‘(9) REBASING OF STATE DSH ALLOTMENTS FOR FISCAL YEAR 2022- With respect to fiscal 2022, for purposes of applying paragraph (3)(A) to determine the DSH allotment for a State, the amount of the DSH allotment for the State under paragraph (3) for fiscal year 2021 shall be treated as if it were such amount as reduced under paragraph (7).’.CommentsClose CommentsPermalink

SEC. 213. REPEAL OF MEDICAID AND CHIP MAINTENANCE OF EFFORT REQUIREMENTS UNDER PPACA.

(a) Repeal of PPACA Medicaid MOE- Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by striking subsection (gg).CommentsClose CommentsPermalink





(b) Repeal of PPACA CHIP MOE- Section 2105(d)(3) of the Social Security Act (42 U.S.C. 1397ee(d)(3)) is amended--CommentsClose CommentsPermalink





(1) by striking subparagraph (A);CommentsClose CommentsPermalink





(2) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; andCommentsClose CommentsPermalink





(3) in the paragraph heading, by striking ‘CONTINUATION OF ELIGIBILITY STANDARDS FOR CHILDREN UNTIL OCTOBER 1, 2019’ and inserting ‘CONTINUITY OF COVERAGE’.CommentsClose CommentsPermalink





(c) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended by striking paragraph (74).CommentsClose CommentsPermalink





(2) Effective January 1, 2014, paragraph (14) of section 1902(e) (as added by section 2002(a) of Public Law 111-148) is amended by striking the third sentence of subparagraph (A).CommentsClose CommentsPermalink





(d) Effective Date- Except as provided in subsection (c)(2), the amendments made by this section shall take effect on the date of the enactment of this section.CommentsClose CommentsPermalink

SEC. 214. MEDICAID PAYMENTS TO TERRITORIES.

(a) Limit on Payments- Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)--CommentsClose CommentsPermalink





(A) by striking ‘paragraphs (3) and (5)’; andCommentsClose CommentsPermalink





(B) by inserting ‘paragraph (3)’ after ‘and subject to’;CommentsClose CommentsPermalink





(2) in paragraph (4), by striking ‘(3), and’ and all that follows through ‘of this subsection’ and inserting ‘and (3) of this subsection’; andCommentsClose CommentsPermalink





(3) by striking paragraph (5).CommentsClose CommentsPermalink





(b) FMAP- The first sentence of section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended by striking ‘shall be 55 percent’ and inserting ‘shall be 50 percent’.CommentsClose CommentsPermalink

SEC. 215. REPEALING BONUS PAYMENTS FOR ENROLLMENT UNDER MEDICAID AND CHIP.

(a) In General- Paragraphs (3) and (4) of section 2105(a) of the Social Security Act (42 U.S.C. 1397ee(a)) are repealed.CommentsClose CommentsPermalink





(b) Rescission of Unobligated Funds- Of the funds made available by section 2105(a)(3) of the Social Security Act, the unobligated balance is rescinded.CommentsClose CommentsPermalink





(c) Conforming Changes-CommentsClose CommentsPermalink





(1) AVAILABILITY OF EXCESS FUNDS FOR PERFORMANCE BONUSES- Section 2104(n)(2) of the Social Security Act (42 U.S.C. 1397dd(n)(2)) is amended by striking subparagraph (D).CommentsClose CommentsPermalink





(2) OUTREACH OR COVERAGE BENCHMARKS- Section 2111(b)(3) of the Social Security Act (42 U.S.C. 1397kk(b)(3)) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (A)--CommentsClose CommentsPermalink





(i) in clause (i), by inserting ‘or’ after the semicolon at the end; andCommentsClose CommentsPermalink





(ii) by striking clause (ii); andCommentsClose CommentsPermalink





(B) by striking subparagraph (C).CommentsClose CommentsPermalink

TITLE III--FINANCIAL SERVICESCommentsClose CommentsPermalink

SEC. 301. TABLE OF CONTENTS.

The table of contents for this title is as follows:CommentsClose CommentsPermalink

TITLE III--FINANCIAL SERVICES

Sec. 301. Table of contents.CommentsClose CommentsPermalink

Subtitle A--Orderly Liquidation Fund

Sec. 311. Repeal of liquidation authority.CommentsClose CommentsPermalink

Subtitle B--Home Affordable Modification Program

Sec. 321. Short title.CommentsClose CommentsPermalink





Sec. 322. Congressional findings.CommentsClose CommentsPermalink





Sec. 323. Termination of authority.CommentsClose CommentsPermalink





Sec. 324. Sense of Congress.CommentsClose CommentsPermalink

Subtitle C--Bureau of Consumer Financial Protection

Sec. 331. Bringing the Bureau of Consumer Financial Protection into the regular appropriations process.CommentsClose CommentsPermalink

Subtitle D--Flood Insurance Reform

Sec. 341. Short title.CommentsClose CommentsPermalink





Sec. 342. Extensions.CommentsClose CommentsPermalink





Sec. 343. Mandatory purchase.CommentsClose CommentsPermalink





Sec. 344. Reforms of coverage terms.CommentsClose CommentsPermalink





Sec. 345. Reforms of premium rates.CommentsClose CommentsPermalink





Sec. 346. Technical Mapping Advisory Council.CommentsClose CommentsPermalink





Sec. 347. FEMA incorporation of new mapping protocols.CommentsClose CommentsPermalink





Sec. 348. Treatment of levees.CommentsClose CommentsPermalink





Sec. 349. Privatization initiatives.CommentsClose CommentsPermalink





Sec. 350. FEMA annual report on insurance program.CommentsClose CommentsPermalink





Sec. 351. Mitigation assistance.CommentsClose CommentsPermalink





Sec. 352. Notification to homeowners regarding mandatory purchase requirement applicability and rate phase-ins.CommentsClose CommentsPermalink





Sec. 353. Notification to members of congress of flood map revisions and updates.CommentsClose CommentsPermalink





Sec. 354. Notification and appeal of map changes; notification to communities of establishment of flood elevations.CommentsClose CommentsPermalink





Sec. 355. Notification to tenants of availability of contents insurance.CommentsClose CommentsPermalink





Sec. 356. Notification to policy holders regarding direct management of policy by FEMA.CommentsClose CommentsPermalink





Sec. 357. Notice of availability of flood insurance and escrow in RESPA good faith estimate.CommentsClose CommentsPermalink





Sec. 358. Reimbursement for costs incurred by homeowners and communities obtaining letters of map amendment or revision.CommentsClose CommentsPermalink





Sec. 359. Enhanced communication with certain communities during map updating process.CommentsClose CommentsPermalink





Sec. 360. Notification to residents newly included in flood hazard areas.CommentsClose CommentsPermalink





Sec. 361. Treatment of swimming pool enclosures outside of hurricane season.CommentsClose CommentsPermalink





Sec. 362. Information regarding multiple perils claims.CommentsClose CommentsPermalink





Sec. 363. FEMA authority to reject transfer of policies.CommentsClose CommentsPermalink





Sec. 364. Appeals.CommentsClose CommentsPermalink





Sec. 365. Reserve fund.CommentsClose CommentsPermalink





Sec. 366. CDBG eligibility for flood insurance outreach activities and community building code administration grants.CommentsClose CommentsPermalink





Sec. 367. Technical corrections.CommentsClose CommentsPermalink





Sec. 368. Requiring competition for national flood insurance program policies.CommentsClose CommentsPermalink





Sec. 369. Studies of voluntary community-based flood insurance options.CommentsClose CommentsPermalink





Sec. 370. Report on inclusion of building codes in floodplain management criteria.CommentsClose CommentsPermalink





Sec. 371. Study on graduated risk.CommentsClose CommentsPermalink





Sec. 372. Report on flood-in-progress determination.CommentsClose CommentsPermalink





Sec. 373. Study on repaying flood insurance debt.CommentsClose CommentsPermalink





Sec. 374. No cause of action.CommentsClose CommentsPermalink





Sec. 375. Authority for the corps of engineers to provide specialized or technical services.CommentsClose CommentsPermalink

Subtitle E--Repeal of the Office of Financial Research

Sec. 381. Repeal of the Office of Financial Research.CommentsClose CommentsPermalink

Subtitle A--Orderly Liquidation FundCommentsClose CommentsPermalink

SEC. 311. REPEAL OF LIQUIDATION AUTHORITY.

(a) In General- Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act is hereby repealed and any Federal law amended by such title shall, on and after the date of enactment of this Act, be effective as if title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act had not been enacted.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT- The Dodd-Frank Wall Street Reform and Consumer Protection Act is amended--CommentsClose CommentsPermalink





(A) in the table of contents for such Act, by striking all items relating to title II;CommentsClose CommentsPermalink





(B) in section 165(d)(6), by striking ‘, a receiver appointed under title II,’;CommentsClose CommentsPermalink





(C) in section 716(g), by striking ‘or a covered financial company under title II’;CommentsClose CommentsPermalink





(D) in section 1105(e)(5), by striking ‘amount of any securities issued under that chapter 31 for such purpose shall be treated in the same manner as securities issued under section 208(n)(5)(E)’ and inserting ‘issuances of such securities under that chapter 31 for such purpose shall by treated as public debt transactions of the United States, and the proceeds from the sale of any obligations acquired by the Secretary under this paragraph shall be deposited into the Treasury of the United States as miscellaneous receipts’; andCommentsClose CommentsPermalink





(E) in section 1106(c)(2), by amending subparagraph (A) to read as follows:CommentsClose CommentsPermalink





‘(A) require the company to file a petition for bankruptcy under section 301 of title 11, United States Code; or’.CommentsClose CommentsPermalink





(2) FEDERAL DEPOSIT INSURANCE ACT- Section 10(b)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1820(b)(3)) is amended by striking ‘, or of such nonbank financial company supervised by the Board of Governors or bank holding company described in section 165(a) of the Financial Stability Act of 2010, for the purpose of implementing its authority to provide for orderly liquidation of any such company under title II of that Act’.CommentsClose CommentsPermalink





(3) FEDERAL RESERVE ACT- Section 13(3) of the Federal Reserve Act is amended--CommentsClose CommentsPermalink





(A) in subparagraph (B)--CommentsClose CommentsPermalink





(i) in clause (ii), by striking ‘, resolution under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or’ and inserting ‘or is subject to resolution under’; andCommentsClose CommentsPermalink





(ii) in clause (iii), by striking ‘, resolution under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or’ and inserting ‘or resolution under’; andCommentsClose CommentsPermalink





(B) by striking subparagraph (E).CommentsClose CommentsPermalink

Subtitle B--Home Affordable Modification ProgramCommentsClose CommentsPermalink

SEC. 321. SHORT TITLE.

This subtitle may be cited as the ‘HAMP Termination Act of 2012’.CommentsClose CommentsPermalink

SEC. 322. CONGRESSIONAL FINDINGS.

The Congress finds the following:CommentsClose CommentsPermalink





(1) According to the Department of the Treasury--CommentsClose CommentsPermalink





(A) the Home Affordable Modification Program (HAMP) is designed to ‘help as many as 3 to 4 million financially struggling homeowners avoid foreclosure by modifying loans to a level that is affordable for borrowers now and sustainable over the long term’; andCommentsClose CommentsPermalink





(B) as of February 2012, only 782,609 active permanent mortgage modifications were made under HAMP.CommentsClose CommentsPermalink





(2) Many homeowners whose HAMP modifications were canceled suffered because they made futile payments and some of those homeowners were even forced into foreclosure.CommentsClose CommentsPermalink





(3) The Special Inspector General for TARP reported that HAMP ‘benefits only a small portion of distressed homeowners, offers others little more than false hope, and in certain cases causes more harm than good’.CommentsClose CommentsPermalink





(4) Approximately $30 billion was obligated by the Department of the Treasury to HAMP, however, approximately only $2.54 billion has been disbursed.CommentsClose CommentsPermalink





(5) Terminating HAMP would save American taxpayers approximately $2.84 billion, according to the Congressional Budget Office.CommentsClose CommentsPermalink

SEC. 323. TERMINATION OF AUTHORITY.

Section 120 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5230) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(c) Termination of Authority To Provide New Assistance Under the Home Affordable Modification Program-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided under paragraph (2), after the date of the enactment of this subsection the Secretary may not provide any assistance under the Home Affordable Modification Program under the Making Home Affordable initiative of the Secretary, authorized under this Act, on behalf of any homeowner.CommentsClose CommentsPermalink





‘(2) PROTECTION OF EXISTING OBLIGATIONS ON BEHALF OF HOMEOWNERS ALREADY EXTENDED AN OFFER TO PARTICIPATE IN THE PROGRAM- Paragraph (1) shall not apply with respect to assistance provided on behalf of a homeowner who, before the date of the enactment of this subsection, was extended an offer to participate in the Home Affordable Modification Program on a trial or permanent basis.CommentsClose CommentsPermalink





‘(3) DEFICIT REDUCTION-CommentsClose CommentsPermalink





‘(A) USE OF UNOBLIGATED FUNDS- Notwithstanding any other provision of this title, the amounts described in subparagraph (B) shall not be available after the date of the enactment of this subsection for obligation or expenditure under the Home Affordable Modification Program of the Secretary, but should be covered into the General Fund of the Treasury and should be used only for reducing the budget deficit of the Federal Government.CommentsClose CommentsPermalink





‘(B) IDENTIFICATION OF UNOBLIGATED FUNDS- The amounts described in this subparagraph are any amounts made available under title I of the Emergency Economic Stabilization Act of 2008 that--CommentsClose CommentsPermalink





‘(i) have been allocated for use, but not yet obligated as of the date of the enactment of this subsection, under the Home Affordable Modification Program of the Secretary; andCommentsClose CommentsPermalink





‘(ii) are not necessary for providing assistance under such Program on behalf of homeowners who, pursuant to paragraph (2), may be provided assistance after the date of the enactment of this subsection.CommentsClose CommentsPermalink





‘(4) STUDY OF USE OF PROGRAM BY MEMBERS OF THE ARMED FORCES, VETERANS, AND GOLD STAR RECIPIENTS-CommentsClose CommentsPermalink





‘(A) STUDY- The Secretary shall conduct a study to determine the extent of usage of the Home Affordable Modification Program by, and the impact of such Program on, covered homeowners.CommentsClose CommentsPermalink





‘(B) REPORT- Not later than the expiration of the 90-day period beginning on the date of the enactment of this subsection, the Secretary shall submit to the Congress a report setting forth the results of the study under subparagraph (A) and identifying best practices, derived from studying the Home Affordable Modification Program, that could be applied to existing mortgage assistance programs available to covered homeowners.CommentsClose CommentsPermalink





‘(C) COVERED HOMEOWNER- For purposes of this subsection, the term ‘covered homeowner’ means a homeowner who is--CommentsClose CommentsPermalink





‘(i) a member of the Armed Forces of the United States on active duty or the spouse or parent of such a member;CommentsClose CommentsPermalink





‘(ii) a veteran, as such term is defined in section 101 of title 38, United States Code; orCommentsClose CommentsPermalink





‘(iii) eligible to receive a Gold Star lapel pin under section 1126 of title 10, United States Code, as a widow, parent, or next of kin of a member of the Armed Forces person who died in a manner described in subsection (a) of such section.CommentsClose CommentsPermalink





‘(5) PUBLICATION OF MEMBER AVAILABILITY FOR ASSISTANCE- Not later than 5 days after the date of the enactment of this subsection, the Secretary of the Treasury shall publish to its Website on the World Wide Web in a prominent location, large point font, and boldface type the following statement: ‘The Home Affordable Modification Program (HAMP) has been terminated. If you are having trouble paying your mortgage and need help contacting your lender or servicer for purposes of negotiating or acquiring a loan modification, please contact your Member of Congress to assist you in contacting your lender or servicer for the purpose of negotiating or acquiring a loan modification.’.CommentsClose CommentsPermalink





‘(6) NOTIFICATION TO HAMP APPLICANTS REQUIRED- Not later than 30 days after the date of the enactment of this subsection, the Secretary of the Treasury shall inform each individual who applied for the Home Affordable Modification Program and will not be considered for a modification under such Program due to termination of such Program under this subsection--CommentsClose CommentsPermalink





‘(A) that such Program has been terminated;CommentsClose CommentsPermalink





‘(B) that loan modifications under such Program are no longer available;CommentsClose CommentsPermalink





‘(C) of the name and contact information of such individual’s Member of Congress; andCommentsClose CommentsPermalink





‘(D) that the individual should contact his or her Member of Congress to assist the individual in contacting the individual’s lender or servicer for the purpose of negotiating or acquiring a loan modification.’.CommentsClose CommentsPermalink

SEC. 324. SENSE OF CONGRESS.

The Congress encourages banks to work with homeowners to provide loan modifications to those that are eligible. The Congress also encourages banks to work and assist homeowners and prospective homeowners with foreclosure prevention programs and information on loan modifications.CommentsClose CommentsPermalink

Subtitle C--Bureau of Consumer Financial ProtectionCommentsClose CommentsPermalink

SEC. 331. BRINGING THE BUREAU OF CONSUMER FINANCIAL PROTECTION INTO THE REGULAR APPROPRIATIONS PROCESS.

Section 1017 of the Consumer Financial Protection Act of 2010 is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by amending the heading of such subsection to read as follows: ‘Budget, Financial Management, and Audit- ’;CommentsClose CommentsPermalink





(B) by striking paragraphs (1), (2), and (3);CommentsClose CommentsPermalink





(C) by redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively; andCommentsClose CommentsPermalink





(D) by striking subparagraphs (E) and (F) of paragraph (1), as so redesignated;CommentsClose CommentsPermalink





(2) by striking subsections (b), (c), and (d);CommentsClose CommentsPermalink





(3) by redesignating subsection (e) as subsection (b); andCommentsClose CommentsPermalink





(4) in subsection (b), as so redesignated--CommentsClose CommentsPermalink





(A) by striking paragraphs (1), (2), and (3) and inserting the following:CommentsClose CommentsPermalink





‘(1) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated $200,000,000 to carry out this title for each of fiscal years 2012 and 2013.’; andCommentsClose CommentsPermalink





(B) by redesignating paragraph (4) as paragraph (2).CommentsClose CommentsPermalink

Subtitle D--Flood Insurance ReformCommentsClose CommentsPermalink

SEC. 341. SHORT TITLE.

This subtitle may be cited as the ‘Flood Insurance Reform Act of 2012’.CommentsClose CommentsPermalink

SEC. 342. EXTENSIONS.

(a) Extension of Program- Section 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking ‘the earlier of the date of the enactment into law of an Act that specifically amends the date specified in this section or May 31, 2012’ and inserting ‘September 30, 2016’.CommentsClose CommentsPermalink





(b) Extension of Financing- Section 1309(a) of such Act (42 U.S.C. 4016(a)) is amended by striking ‘the earlier of the date of the enactment into law of an Act that specifically amends the date specified in this section or May 31, 2012’ and inserting ‘September 30, 2016’.CommentsClose CommentsPermalink

SEC. 343. MANDATORY PURCHASE.

(a) Authority To Temporarily Suspend Mandatory Purchase Requirement-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(i) Authority To Temporarily Suspend Mandatory Purchase Requirement-CommentsClose CommentsPermalink





‘(1) FINDING BY ADMINISTRATOR THAT AREA IS AN ELIGIBLE AREA- For any area, upon a request submitted to the Administrator by a local government authority having jurisdiction over any portion of the area, the Administrator shall make a finding of whether the area is an eligible area under paragraph (3). If the Administrator finds that such area is an eligible area, the Administrator shall, in the discretion of the Administrator, designate a period during which such finding shall be effective, which shall not be longer in duration than 12 months.CommentsClose CommentsPermalink





‘(2) SUSPENSION OF MANDATORY PURCHASE REQUIREMENT- If the Administrator makes a finding under paragraph (1) that an area is an eligible area under paragraph (3), during the period specified in the finding, the designation of such eligible area as an area having special flood hazards shall not be effective for purposes of subsections (a), (b), and (e) of this section, and section 202(a) of this Act. Nothing in this paragraph may be construed to prevent any lender, servicer, regulated lending institution, Federal agency lender, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation, at the discretion of such entity, from requiring the purchase of flood insurance coverage in connection with the making, increasing, extending, or renewing of a loan secured by improved real estate or a mobile home located or to be located in such eligible area during such period or a lender or servicer from purchasing coverage on behalf of a borrower pursuant to subsection (e).CommentsClose CommentsPermalink





‘(3) ELIGIBLE AREAS- An eligible area under this paragraph is an area that is designated or will, pursuant to any issuance, revision, updating, or other change in flood insurance maps that takes effect on or after the date of the enactment of the Flood Insurance Reform Act of 2012, become designated as an area having special flood hazards and that meets any one of the following 3 requirements:CommentsClose CommentsPermalink





‘(A) AREAS WITH NO HISTORY OF SPECIAL FLOOD HAZARDS- The area does not include any area that has ever previously been designated as an area having special flood hazards.CommentsClose CommentsPermalink





‘(B) AREAS WITH FLOOD PROTECTION SYSTEMS UNDER IMPROVEMENTS- The area was intended to be protected by a flood protection system--CommentsClose CommentsPermalink





‘(i) that has been decertified, or is required to be certified, as providing protection for the 100-year frequency flood standard;CommentsClose CommentsPermalink





‘(ii) that is being improved, constructed, or reconstructed; andCommentsClose CommentsPermalink





‘(iii) for which the Administrator has determined measurable progress toward completion of such improvement, construction, reconstruction is being made and toward securing financial commitments sufficient to fund such completion.CommentsClose CommentsPermalink





‘(C) AREAS FOR WHICH APPEAL HAS BEEN FILED- An area for which a community has appealed designation of the area as having special flood hazards in a timely manner under section 1363.CommentsClose CommentsPermalink





‘(4) EXTENSION OF DELAY- Upon a request submitted by a local government authority having jurisdiction over any portion of the eligible area, the Administrator may extend the period during which a finding under paragraph (1) shall be effective, except that--CommentsClose CommentsPermalink





‘(A) each such extension under this paragraph shall not be for a period exceeding 12 months; andCommentsClose CommentsPermalink





‘(B) for any area, the cumulative number of such extensions may not exceed 2.CommentsClose CommentsPermalink





‘(5) ADDITIONAL EXTENSION FOR COMMUNITIES MAKING MORE THAN ADEQUATE PROGRESS ON FLOOD PROTECTION SYSTEM-CommentsClose CommentsPermalink





‘(A) EXTENSION-CommentsClose CommentsPermalink





‘(i) AUTHORITY- Except as provided in subparagraph (B), in the case of an eligible area for which the Administrator has, pursuant to paragraph (4), extended the period of effectiveness of the finding under paragraph (1) for the area, upon a request submitted by a local government authority having jurisdiction over any portion of the eligible area, if the Administrator finds that more than adequate progress has been made on the construction of a flood protection system for such area, as determined in accordance with the last sentence of section 1307(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(e)), the Administrator may, in the discretion of the Administrator, further extend the period during which the finding under paragraph (1) shall be effective for such area for an additional 12 months.CommentsClose CommentsPermalink





‘(ii) LIMIT- For any eligible area, the cumulative number of extensions under this subparagraph may not exceed 2.CommentsClose CommentsPermalink





‘(B) EXCLUSION FOR NEW MORTGAGES-CommentsClose CommentsPermalink





‘(i) EXCLUSION- Any extension under subparagraph (A) of this paragraph of a finding under paragraph (1) shall not be effective with respect to any excluded property after the origination, increase, extension, or renewal of the loan referred to in clause (ii)(II) for the property.CommentsClose CommentsPermalink





‘(ii) EXCLUDED PROPERTIES- For purposes of this subparagraph, the term ‘excluded property’ means any improved real estate or mobile home--CommentsClose CommentsPermalink





‘(I) that is located in an eligible area; andCommentsClose CommentsPermalink





‘(II) for which, during the period that any extension under subparagraph (A) of this paragraph of a finding under paragraph (1) is otherwise in effect for the eligible area in which such property is located--CommentsClose CommentsPermalink

‘(aa) a loan that is secured by the property is originated; orCommentsClose CommentsPermalink

‘(bb) any existing loan that is secured by the property is increased, extended, or renewed.CommentsClose CommentsPermalink

‘(6) RULE OF CONSTRUCTION- Nothing in this subsection may be construed to affect the applicability of a designation of any area as an area having special flood hazards for purposes of the availability of flood insurance coverage, criteria for land management and use, notification of flood hazards, eligibility for mitigation assistance, or any other purpose or provision not specifically referred to in paragraph (2).CommentsClose CommentsPermalink





‘(7) REPORTS- The Administrator shall, in each annual report submitted pursuant to section 1320, include information identifying each finding under paragraph (1) by the Administrator during the preceding year that an area is an area having special flood hazards, the basis for each such finding, any extensions pursuant to paragraph (4) of the periods of effectiveness of such findings, and the reasons for such extensions.’.CommentsClose CommentsPermalink





(2) NO REFUNDS- Nothing in this subsection or the amendments made by this subsection may be construed to authorize or require any payment or refund for flood insurance coverage purchased for any property that covered any period during which such coverage is not required for the property pursuant to the applicability of the amendment made by paragraph (1).CommentsClose CommentsPermalink





(b) Termination of Force-Placed Insurance- Section 102(e) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(e)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2), by striking ‘insurance.’ and inserting ‘insurance, including premiums or fees incurred for coverage beginning on the date on which flood insurance coverage lapsed or did not provide a sufficient coverage amount.’;CommentsClose CommentsPermalink





(2) by redesignating paragraphs (3) and (4) as paragraphs (5) and 6), respectively; andCommentsClose CommentsPermalink





(3) by inserting after paragraph (2) the following new paragraphs:CommentsClose CommentsPermalink





‘(3) TERMINATION OF FORCE-PLACED INSURANCE- Within 30 days of receipt by the lender or servicer of a confirmation of a borrower’s existing flood insurance coverage, the lender or servicer shall--CommentsClose CommentsPermalink





‘(A) terminate the force-placed insurance; andCommentsClose CommentsPermalink





‘(B) refund to the borrower all force-placed insurance premiums paid by the borrower during any period during which the borrower’s flood insurance coverage and the force-placed flood insurance coverage were each in effect, and any related fees charged to the borrower with respect to the force-placed insurance during such period.CommentsClose CommentsPermalink





‘(4) SUFFICIENCY OF DEMONSTRATION- For purposes of confirming a borrower’s existing flood insurance coverage, a lender or servicer for a loan shall accept from the borrower an insurance policy declarations page that includes the existing flood insurance policy number and the identity of, and contact information for, the insurance company or agent.’.CommentsClose CommentsPermalink





(c) Use of Private Insurance to Satisfy Mandatory Purchase Requirement- Section 102(b) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking ‘lending institutions not to make’ and inserting ‘lending institutions--CommentsClose CommentsPermalink





‘(A) not to make’;CommentsClose CommentsPermalink





(B) in subparagraph (A), as designated by subparagraph (A) of this paragraph, by striking ‘less.’ and inserting ‘less; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(B) to accept private flood insurance as satisfaction of the flood insurance coverage requirement under subparagraph (A) if the coverage provided by such private flood insurance meets the requirements for coverage under such subparagraph.’;CommentsClose CommentsPermalink





(2) in paragraph (2), by inserting after ‘provided in paragraph (1).’ the following new sentence: ‘Each Federal agency lender shall accept private flood insurance as satisfaction of the flood insurance coverage requirement under the preceding sentence if the flood insurance coverage provided by such private flood insurance meets the requirements for coverage under such sentence.’;CommentsClose CommentsPermalink





(3) in paragraph (3), in the matter following subparagraph (B), by adding at the end the following new sentence: ‘The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall accept private flood insurance as satisfaction of the flood insurance coverage requirement under the preceding sentence if the flood insurance coverage provided by such private flood insurance meets the requirements for coverage under such sentence.’; andCommentsClose CommentsPermalink





(4) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) PRIVATE FLOOD INSURANCE DEFINED- In this subsection, the term ‘private flood insurance’ means a contract for flood insurance coverage allowed for sale under the laws of any State.’.CommentsClose CommentsPermalink

SEC. 344. REFORMS OF COVERAGE TERMS.

(a) Minimum Deductibles for Claims- Section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C. 4019) is amended--CommentsClose CommentsPermalink





(1) by striking ‘The Director is’ and inserting the following: ‘(a) In General- The Administrator is’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(b) Minimum Annual Deductibles-CommentsClose CommentsPermalink





‘(1) SUBSIDIZED RATE PROPERTIES- For any structure that is covered by flood insurance under this title, and for which the chargeable rate for such coverage is less than the applicable estimated risk premium rate under section 1307(a)(1) for the area (or subdivision thereof) in which such structure is located, the minimum annual deductible for damage to or loss of such structure shall be $2,000.CommentsClose CommentsPermalink





‘(2) ACTUARIAL RATE PROPERTIES- For any structure that is covered by flood insurance under this title, for which the chargeable rate for such coverage is not less than the applicable estimated risk premium rate under section 1307(a)(1) for the area (or subdivision thereof) in which such structure is located, the minimum annual deductible for damage to or loss of such structure shall be $1,000.’.CommentsClose CommentsPermalink





(b) Clarification of Residential and Commercial Coverage Limits- Section 1306(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4013(b)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)--CommentsClose CommentsPermalink





(A) by striking ‘in the case of any residential property’ and inserting ‘in the case of any residential building designed for the occupancy of from one to four families’; andCommentsClose CommentsPermalink





(B) by striking ‘shall be made available to every insured upon renewal and every applicant for insurance so as to enable such insured or applicant to receive coverage up to a total amount (including such limits specified in paragraph (1)(A)(i)) of $250,000’ and inserting ‘shall be made available, with respect to any single such building, up to an aggregate liability (including such limits specified in paragraph (1)(A)(i)) of $250,000’; andCommentsClose CommentsPermalink





(2) in paragraph (4)--CommentsClose CommentsPermalink





(A) by striking ‘in the case of any nonresidential property, including churches,’ and inserting ‘in the case of any nonresidential building, including a church,’; andCommentsClose CommentsPermalink





(B) by striking ‘shall be made available to every insured upon renewal and every applicant for insurance, in respect to any single structure, up to a total amount (including such limit specified in subparagraph (B) or (C) of paragraph (1), as applicable) of $500,000 for each structure and $500,000 for any contents related to each structure’ and inserting ‘shall be made available with respect to any single such building, up to an aggregate liability (including such limits specified in subparagraph (B) or (C) of paragraph (1), as applicable) of $500,000, and coverage shall be made available up to a total of $500,000 aggregate liability for contents owned by the building owner and $500,000 aggregate liability for each unit within the building for contents owned by the tenant’.CommentsClose CommentsPermalink





(c) Indexing of Maximum Coverage Limits- Subsection (b) of section 1306 of the National Flood Insurance Act of 1968 (42 U.S.C. 4013(b)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (4), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (5), by striking the period at the end and inserting ‘; and’;CommentsClose CommentsPermalink





(3) by redesignating paragraph (5) as paragraph (7); andCommentsClose CommentsPermalink





(4) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(8) each of the dollar amount limitations under paragraphs (2), (3), (4), (5), and (6) shall be adjusted effective on the date of the enactment of the Flood Insurance Reform Act of 2012, such adjustments shall be calculated using the percentage change, over the period beginning on September 30, 1994, and ending on such date of enactment, in such inflationary index as the Administrator shall, by regulation, specify, and the dollar amount of such adjustment shall be rounded to the next lower dollar; and the Administrator shall cause to be published in the Federal Register the adjustments under this paragraph to such dollar amount limitations; except that in the case of coverage for a property that is made available, pursuant to this paragraph, in an amount that exceeds the limitation otherwise applicable to such coverage as specified in paragraph (2), (3), (4), (5), or (6), the total of 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).’.CommentsClose CommentsPermalink





(d) Optional Coverage for Loss of Use of Personal Residence and Business Interruption- Subsection (b) of section 1306 of the National Flood Insurance Act of 1968 (42 U.S.C. 4013(b)), as amended by the preceding provisions of this section, is further amended by inserting after paragraph (4) the following new paragraphs:CommentsClose CommentsPermalink





‘(5) the Administrator may provide that, in the case of any residential property, each renewal or new contract for flood insurance coverage may provide not more than $5,000 aggregate liability per dwelling unit for any necessary increases in living expenses incurred by the insured when losses from a flood make the residence unfit to live in, except that--CommentsClose CommentsPermalink





‘(A) purchase of such coverage shall be at the option of the insured;CommentsClose CommentsPermalink





‘(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); andCommentsClose CommentsPermalink





‘(C) the Administrator may make such coverage available only if the Administrator makes a determination and causes notice of such determination to be published in the Federal Register that--CommentsClose CommentsPermalink





‘(i) a competitive private insurance market for such coverage does not exist; andCommentsClose CommentsPermalink





‘(ii) the national flood insurance program has the capacity to make such coverage available without borrowing funds from the Secretary of the Treasury under section 1309 or otherwise;CommentsClose CommentsPermalink





‘(6) the Administrator may provide that, in the case of any commercial property or other residential property, including multifamily rental property, coverage for losses resulting from any partial or total interruption of the insured’s business caused by damage to, or loss of, such property from a flood may be made available to every insured upon renewal and every applicant, up to a total amount of $20,000 per property, except that--CommentsClose CommentsPermalink





‘(A) purchase of such coverage shall be at the option of the insured;CommentsClose CommentsPermalink





‘(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); andCommentsClose CommentsPermalink





‘(C) the Administrator may make such coverage available only if the Administrator makes a determination and causes notice of such determination to be published in the Federal Register that--CommentsClose CommentsPermalink





‘(i) a competitive private insurance market for such coverage does not exist; andCommentsClose CommentsPermalink





‘(ii) the national flood insurance program has the capacity to make such coverage available without borrowing funds from the Secretary of the Treasury under section 1309 or otherwise;’.CommentsClose CommentsPermalink





(e) Payment of Premiums in Installments for Residential Properties- 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:CommentsClose CommentsPermalink





‘(d) Payment of Premiums in Installments for Residential Properties-CommentsClose CommentsPermalink





‘(1) AUTHORITY- In addition to any other terms and conditions under subsection (a), such regulations shall provide that, in the case of any residential property, premiums for flood insurance coverage made available under this title for such property may be paid in installments.CommentsClose CommentsPermalink





‘(2) LIMITATIONS- In implementing the authority under paragraph (1), the Administrator may establish increased chargeable premium rates and surcharges, and deny coverage and establish such other sanctions, as the Administrator considers necessary to ensure that insureds purchase, pay for, and maintain coverage for the full term of a contract for flood insurance coverage or to prevent insureds from purchasing coverage only for periods during a year when risk of flooding is comparatively higher or canceling coverage for periods when such risk is comparatively lower.’.CommentsClose CommentsPermalink





(f) Effective Date of Policies Covering Properties Affected by Floods in Progress- Paragraph (1) of section 1306(c) of the National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)) is amended by adding after the period at the end the following: ‘With respect to any flood that has commenced or is in progress before the expiration of such 30-day period, such flood insurance coverage for a property shall take effect upon the expiration of such 30-day period and shall cover damage to such property occurring after the expiration of such period that results from such flood, but only if the property has not suffered damage or loss as a result of such flood before the expiration of such 30-day period.’.CommentsClose CommentsPermalink

SEC. 345. REFORMS OF PREMIUM RATES.

(a) Increase in Annual Limitation on Premium Increases- Section 1308(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(e)) is amended by striking ‘10 percent’ and inserting ‘20 percent’.CommentsClose CommentsPermalink





(b) Phase-In of Rates for Certain Properties in Newly Mapped Areas-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended--CommentsClose CommentsPermalink





(A) in subsection (a), in the matter preceding paragraph (1), by inserting ‘or notice’ after ‘prescribe by regulation’;CommentsClose CommentsPermalink





(B) in subsection (c), by inserting ‘and subsection (g)’ before the first comma; andCommentsClose CommentsPermalink





(C) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(g) 5-Year Phase-In of Flood Insurance Rates for Certain Properties in Newly Mapped Areas-CommentsClose CommentsPermalink





‘(1) 5-year PHASE-IN PERIOD- Notwithstanding subsection (c) or any other provision of law relating to chargeable risk premium rates for flood insurance coverage under this title, in the case of any area that was not previously designated as an area having special flood hazards and that, pursuant to any issuance, revision, updating, or other change in flood insurance maps, becomes designated as such an area, during the 5-year period that begins, except as provided in paragraph (2), upon the date that such maps, as issued, revised, updated, or otherwise changed, become effective, the chargeable premium rate for flood insurance under this title with respect to any covered property that is located within such area shall be the rate described in paragraph (3).CommentsClose CommentsPermalink





‘(2) APPLICABILITY TO PREFERRED RISK RATE AREAS- In the case of any area described in paragraph (1) that consists of or includes an area that, as of date of the effectiveness of the flood insurance maps for such area referred to in paragraph (1) as so issued, revised, updated, or changed, is eligible for any reason for preferred risk rate method premiums for flood insurance coverage and was eligible for such premiums as of the enactment of the Flood Insurance Reform Act of 2012, the 5-year period referred to in paragraph (1) for such area eligible for preferred risk rate method premiums shall begin upon the expiration of the period during which such area is eligible for such preferred risk rate method premiums.CommentsClose CommentsPermalink





‘(3) PHASE-IN OF FULL ACTUARIAL RATES- With respect to any area described in paragraph (1), the chargeable risk premium rate for flood insurance under this title for a covered property that is located in such area shall be--CommentsClose CommentsPermalink





‘(A) for the first year of the 5-year period referred to in paragraph (1), the greater of--CommentsClose CommentsPermalink





‘(i) 20 percent of the chargeable risk premium rate otherwise applicable under this title to the property; andCommentsClose CommentsPermalink





‘(ii) in the case of any property that, as of the beginning of such first year, is eligible for preferred risk rate method premiums for flood insurance coverage, such preferred risk rate method premium for the property;CommentsClose CommentsPermalink





‘(B) for the second year of such 5-year period, 40 percent of the chargeable risk premium rate otherwise applicable under this title to the property;CommentsClose CommentsPermalink





‘(C) for the third year of such 5-year period, 60 percent of the chargeable risk premium rate otherwise applicable under this title to the property;CommentsClose CommentsPermalink





‘(D) for the fourth year of such 5-year period, 80 percent of the chargeable risk premium rate otherwise applicable under this title to the property; andCommentsClose CommentsPermalink





‘(E) for the fifth year of such 5-year period, 100 percent of the chargeable risk premium rate otherwise applicable under this title to the property.CommentsClose CommentsPermalink





‘(4) COVERED PROPERTIES- For purposes of the subsection, the term ‘covered property’ means any residential property occupied by its owner or a bona fide tenant as a primary residence.’.CommentsClose CommentsPermalink





(2) REGULATION OR NOTICE- The Administrator of the Federal Emergency Management Agency shall issue an interim final rule or notice to implement this subsection and the amendments made by this subsection as soon as practicable after the date of the enactment of this Act.CommentsClose CommentsPermalink





(c) Phase-In of Actuarial Rates for Certain Properties-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 1308(c) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(c)) is amended--CommentsClose CommentsPermalink





(A) by redesignating paragraph (2) as paragraph (7); andCommentsClose CommentsPermalink





(B) by inserting after paragraph (1) the following new paragraphs:CommentsClose CommentsPermalink





‘(2) COMMERCIAL PROPERTIES- Any nonresidential property.CommentsClose CommentsPermalink





‘(3) SECOND HOMES AND VACATION HOMES- Any residential property that is not the primary residence of any individual.CommentsClose CommentsPermalink





‘(4) HOMES SOLD TO NEW OWNERS- Any single family property that--CommentsClose CommentsPermalink





‘(A) has been constructed or substantially improved and for which such construction or improvement was started, as determined by the Administrator, before December 31, 1974, or before the effective date of the initial rate map published by the Administrator under paragraph (2) of section 1360(a) for the area in which such property is located, whichever is later; andCommentsClose CommentsPermalink





‘(B) is purchased after the effective date of this paragraph, pursuant to section 345(c)(3)(A) of the Flood Insurance Reform Act of 2012.CommentsClose CommentsPermalink





‘(5) HOMES DAMAGED OR IMPROVED- Any property that, on or after the date of the enactment of the Flood Insurance Reform Act of 2012, has experienced or sustained--CommentsClose CommentsPermalink





‘(A) substantial flood damage exceeding 50 percent of the fair market value of such property; orCommentsClose CommentsPermalink





‘(B) substantial improvement exceeding 30 percent of the fair market value of such property.CommentsClose CommentsPermalink





‘(6) HOMES WITH MULTIPLE CLAIMS- Any severe repetitive loss property (as such term is defined in section 1366(j)).’.CommentsClose CommentsPermalink





(2) TECHNICAL AMENDMENTS- Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended--CommentsClose CommentsPermalink





(A) in subsection (c)--CommentsClose CommentsPermalink





(i) in the matter preceding paragraph (1), by striking ‘the limitations provided under paragraphs (1) and (2)’ and inserting ‘subsection (e)’; andCommentsClose CommentsPermalink





(ii) in paragraph (1), by striking ‘, except’ and all that follows through ‘subsection (e)’; andCommentsClose CommentsPermalink





(B) in subsection (e), by striking ‘paragraph (2) or (3)’ and inserting ‘paragraph (7)’.CommentsClose CommentsPermalink





(3) EFFECTIVE DATE AND TRANSITION-CommentsClose CommentsPermalink





(A) EFFECTIVE DATE- The amendments made by paragraphs (1) and (2) shall apply beginning upon the expiration of the 12-month period that begins on the date of the enactment of this Act, except as provided in subparagraph (B) of this paragraph.CommentsClose CommentsPermalink





(B) TRANSITION FOR PROPERTIES COVERED BY FLOOD INSURANCE UPON EFFECTIVE DATE-CommentsClose CommentsPermalink





(i) INCREASE OF RATES OVER TIME- In the case of any property described in paragraph (2), (3), (4), (5), or (6) of section 1308(c) of the National Flood Insurance Act of 1968, as amended by paragraph (1) of this subsection, that, as of the effective date under subparagraph (A) of this paragraph, is covered under a policy for flood insurance made available under the national flood insurance program for which the chargeable premium rates are less than the applicable estimated risk premium rate under section 1307(a)(1) of such Act for the area in which the property is located, the Administrator of the Federal Emergency Management Agency shall increase the chargeable premium rates for such property over time to such applicable estimated risk premium rate under section 1307(a)(1).CommentsClose CommentsPermalink





(ii) AMOUNT OF ANNUAL INCREASE- Such increase shall be made by increasing the chargeable premium rates for the property (after application of any increase in the premium rates otherwise applicable to such property), once during the 12-month period that begins upon the effective date under subparagraph (A) of this paragraph and once every 12 months thereafter until such increase is accomplished, by 20 percent (or such lesser amount as may be necessary so that the chargeable rate does not exceed such applicable estimated risk premium rate or to comply with clause (iii)).CommentsClose CommentsPermalink





(iii) PROPERTIES SUBJECT TO PHASE-IN AND ANNUAL INCREASES- In the case of any pre-FIRM property (as such term is defined in section 578(b) of the National Flood Insurance Reform Act of 1974), the aggregate increase, during any 12-month period, in the chargeable premium rate for the property that is attributable to this subparagraph or to an increase described in section 1308(e) of the National Flood Insurance Act of 1968 may not exceed 20 percent.CommentsClose CommentsPermalink





(iv) FULL ACTUARIAL RATES- The provisions of paragraphs (2), (3), (4), (5), and (6) of such section 1308(c) shall apply to such a property upon the accomplishment of the increase under this subparagraph and thereafter.CommentsClose CommentsPermalink





(d) Prohibition of Extension of Subsidized Rates to Lapsed Policies- Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015), as amended by the preceding provisions of this subtitle, is further amended--CommentsClose CommentsPermalink





(1) in subsection (e), by inserting ‘or subsection (h)’ after ‘subsection (c)’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(h) Prohibition of Extension of Subsidized Rates to Lapsed Policies- Notwithstanding any other provision of law relating to chargeable risk premium rates for flood insurance coverage under this title, the Administrator shall not provide flood insurance coverage under this title for any property for which a policy for such coverage for the property has previously lapsed in coverage as a result of the deliberate choice of the holder of such policy, at a rate less than the applicable estimated risk premium rates for the area (or subdivision thereof) in which such property is located.’.CommentsClose CommentsPermalink





(e) Recognition of State and Local Funding for Construction, Reconstruction, and Improvement of Flood Protection Systems in Determination of Rates-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) is amended--CommentsClose CommentsPermalink





(A) in subsection (e)--CommentsClose CommentsPermalink





(i) in the first sentence, by striking ‘construction of a flood protection system’ and inserting ‘construction, reconstruction, or improvement of a flood protection system (without respect to the level of Federal investment or participation)’; andCommentsClose CommentsPermalink





(ii) in the second sentence--CommentsClose CommentsPermalink





(I) by striking ‘construction of a flood protection system’ and inserting ‘construction, reconstruction, or improvement of a flood protection system’; andCommentsClose CommentsPermalink





(II) by inserting ‘based on the present value of the completed system’ after ‘has been expended’; andCommentsClose CommentsPermalink





(B) in subsection (f)--CommentsClose CommentsPermalink





(i) in the first sentence in the matter preceding paragraph (1), by inserting ‘(without respect to the level of Federal investment or participation)’ before the period at the end;CommentsClose CommentsPermalink





(ii) in the third sentence in the matter preceding paragraph (1), by inserting ‘, whether coastal or riverine,’ after ‘special flood hazard’; andCommentsClose CommentsPermalink





(iii) in paragraph (1), by striking ‘a Federal agency in consultation with the local project sponsor’ and inserting ‘the entity or entities that own, operate, maintain, or repair such system’.CommentsClose CommentsPermalink





(2) REGULATIONS- The Administrator of the Federal Emergency Management Agency shall promulgate regulations to implement this subsection and the amendments made by this subsection as soon as practicable, but not more than 18 months after the date of the enactment of this Act. Paragraph (3) may not be construed to annul, alter, affect, authorize any waiver of, or establish any exception to, the requirement under the preceding sentence.CommentsClose CommentsPermalink

SEC. 346. TECHNICAL MAPPING ADVISORY COUNCIL.

(a) Establishment- There is established a council to be known as the Technical Mapping Advisory Council (in this section referred to as the ‘Council’).CommentsClose CommentsPermalink





(b) Membership-CommentsClose CommentsPermalink





(1) IN GENERAL- The Council shall consist of--CommentsClose CommentsPermalink





(A) the Administrator of the Federal Emergency Management Agency (in this section referred to as the ‘Administrator’), or the designee thereof;CommentsClose CommentsPermalink





(B) the Director of the United States Geological Survey of the Department of the Interior, or the designee thereof;CommentsClose CommentsPermalink





(C) the Under Secretary of Commerce for Oceans and Atmosphere, or the designee thereof;CommentsClose CommentsPermalink





(D) the commanding officer of the United States Army Corps of Engineers, or the designee thereof;CommentsClose CommentsPermalink





(E) the chief of the Natural Resources Conservation Service of the Department of Agriculture, or the designee thereof;CommentsClose CommentsPermalink





(F) the Director of the United States Fish and Wildlife Service of the Department of the Interior, or the designee thereof;CommentsClose CommentsPermalink





(G) the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration of the Department of Commerce, or the designee thereof; andCommentsClose CommentsPermalink





(H) 14 additional members to be appointed by the Administrator of the Federal Emergency Management Agency, who shall be--CommentsClose CommentsPermalink





(i) an expert in data management;CommentsClose CommentsPermalink





(ii) an expert in real estate;CommentsClose CommentsPermalink





(iii) an expert in insurance;CommentsClose CommentsPermalink





(iv) a member of a recognized regional flood and storm water management organization;CommentsClose CommentsPermalink





(v) a representative of a State emergency management agency or association or organization for such agencies;CommentsClose CommentsPermalink





(vi) a member of a recognized professional surveying association or organization;CommentsClose CommentsPermalink





(vii) a member of a recognized professional mapping association or organization;CommentsClose CommentsPermalink





(viii) a member of a recognized professional engineering association or organization;CommentsClose CommentsPermalink





(ix) a member of a recognized professional association or organization representing flood hazard determination firms;CommentsClose CommentsPermalink





(x) a representative of State national flood insurance coordination offices;CommentsClose CommentsPermalink





(xi) representatives of two local governments, at least one of whom is a local levee flood manager or executive, designated by the Federal Emergency Management Agency as Cooperating Technical Partners; andCommentsClose CommentsPermalink





(xii) representatives of two State governments designated by the Federal Emergency Management Agency as Cooperating Technical States.CommentsClose CommentsPermalink





(2) QUALIFICATIONS- Members of the Council shall be appointed based on their demonstrated knowledge and competence regarding surveying, cartography, remote sensing, geographic information systems, or the technical aspects of preparing and using flood insurance rate maps. In appointing members under paragraph (1)(H), the Administrator shall ensure that the membership of the Council has a balance of Federal, State, local, and private members, and includes an adequate number of representatives from the States with coastline on the Gulf of Mexico and other States containing areas identified by the Administrator of the Federal Emergency Management Agency as at high-risk for flooding or special flood hazard areas.CommentsClose CommentsPermalink





(c) Duties-CommentsClose CommentsPermalink





(1) NEW MAPPING STANDARDS- Not later than the expiration of the 12-month period beginning upon the date of the enactment of this Act, the Council shall develop and submit to the Administrator and the Congress proposed new mapping standards for 100-year flood insurance rate maps used under the national flood insurance program under the National Flood Insurance Act of 1968. In developing such proposed standards the Council shall--CommentsClose CommentsPermalink





(A) ensure that the flood insurance rate maps reflect true risk, including graduated risk that better reflects the financial risk to each property; such reflection of risk should be at the smallest geographic level possible (but not necessarily property-by-property) to ensure that communities are mapped in a manner that takes into consideration different risk levels within the community;CommentsClose CommentsPermalink





(B) ensure the most efficient generation, display, and distribution of flood risk data, models, and maps where practicable through dynamic digital environments using spatial database technology and the Internet;CommentsClose CommentsPermalink





(C) ensure that flood insurance rate maps reflect current hydrologic and hydraulic data, current land use, and topography, incorporating the most current and accurate ground and bathymetric elevation data;CommentsClose CommentsPermalink





(D) determine the best ways to include in such flood insurance rate maps levees, decertified levees, and areas located below dams, including determining a methodology for ensuring that decertified levees and other protections are included in flood insurance rate maps and their corresponding flood zones reflect the level of protection conferred;CommentsClose CommentsPermalink





(E) consider how to incorporate restored wetlands and other natural buffers into flood insurance rate maps, which may include wetlands, groundwater recharge areas, erosion zones, meander belts, endangered species habitat, barrier islands and shoreline buffer features, riparian forests, and other features;CommentsClose CommentsPermalink





(F) consider whether to use vertical positioning (as defined by the Administrator) for flood insurance rate maps;CommentsClose CommentsPermalink





(G) ensure that flood insurance rate maps differentiate between a property that is located in a flood zone and a structure located on such property that is not at the same risk level for flooding as such property due to the elevation of the structure;CommentsClose CommentsPermalink





(H) ensure that flood insurance rate maps take into consideration the best scientific data and potential future conditions (including projections for sea level rise); andCommentsClose CommentsPermalink





(I) consider how to incorporate the new standards proposed pursuant to this paragraph in existing mapping efforts.CommentsClose CommentsPermalink





(2) ONGOING DUTIES- The Council shall, on an ongoing basis, review the mapping protocols developed pursuant to paragraph (1), and make recommendations to the Administrator when the Council determines that mapping protocols should be altered.CommentsClose CommentsPermalink





(3) MEETINGS- In carrying out its duties under this section, the Council shall consult with stakeholders through at least 4 public meetings annually, and shall seek input of all stakeholder interests including State and local representatives, environmental and conservation organizations, insurance industry representatives, advocacy groups, planning organizations, and mapping organizations.CommentsClose CommentsPermalink





(d) Prohibition on Compensation- Members of the Council shall receive no additional compensation by reason of their service on the Council.CommentsClose CommentsPermalink





(e) Chairperson- The Administrator shall serve as the Chairperson of the Council.CommentsClose CommentsPermalink





(f) Staff-CommentsClose CommentsPermalink





(1) FEMA- Upon the request of the Council, the Administrator may detail, on a nonreimbursable basis, personnel of the Federal Emergency Management Agency to assist the Council in carrying out its duties.CommentsClose CommentsPermalink





(2) OTHER FEDERAL AGENCIES- Upon request of the Council, any other Federal agency that is a member of the Council may detail, on a non-reimbursable basis, personnel to assist the Council in carrying out its duties.CommentsClose CommentsPermalink





(g) Powers- In carrying out this section, the Council may hold hearings, receive evidence and assistance, provide information, and conduct research, as the Council considers appropriate.CommentsClose CommentsPermalink





(h) Termination- The Council shall terminate upon the expiration of the 5-year period beginning on the date of the enactment of this Act.CommentsClose CommentsPermalink





(i) Moratorium on Flood Map Changes-CommentsClose CommentsPermalink





(1) MORATORIUM- Except as provided in paragraph (2) and notwithstanding any other provision of this subtitle, the National Flood Insurance Act of 1968, or the Flood Disaster Protection Act of 1973, during the period beginning upon the date of the enactment of this Act and ending upon the submission by the Council to the Administrator and the Congress of the proposed new mapping standards required under subsection (c)(1), the Administrator may not make effective any new or updated rate maps for flood insurance coverage under the national flood insurance program that were not in effect for such program as of such date of enactment, or otherwise revise, update, or change the flood insurance rate maps in effect for such program as of such date.CommentsClose CommentsPermalink





(2) LETTERS OF MAP CHANGE- During the period described in paragraph (1), the Administrator may revise, update, and change the flood insurance rate maps in effect for the national flood insurance program only pursuant to a letter of map change (including a letter of map amendment, letter of map revision, and letter of map revision based on fill).CommentsClose CommentsPermalink

SEC. 347. FEMA INCORPORATION OF NEW MAPPING PROTOCOLS.

(a) New Rate Mapping Standards- Not later than the expiration of the 6-month period beginning upon submission by the Technical Mapping Advisory Council under section 346 of the proposed new mapping standards for flood insurance rate maps used under the national flood insurance program developed by the Council pursuant to section 346(c), the Administrator of the Federal Emergency Management Agency (in this section referred to as the ‘Administrator’) shall establish new standards for such rate maps based on such proposed new standards and the recommendations of the Council.CommentsClose CommentsPermalink





(b) Requirements- The new standards for flood insurance rate maps established by the Administrator pursuant to subsection (a) shall--CommentsClose CommentsPermalink





(1) delineate and include in any such rate maps--CommentsClose CommentsPermalink





(A) all areas located within the 100-year flood plain; andCommentsClose CommentsPermalink





(B) areas subject to graduated and other risk levels, to the maximum extent possible;CommentsClose CommentsPermalink





(2) ensure that any such rate maps--CommentsClose CommentsPermalink





(A) include levees, including decertified levees, and the level of protection they confer;CommentsClose CommentsPermalink





(B) reflect current land use and topography and incorporate the most current and accurate ground level data;CommentsClose CommentsPermalink





(C) take into consideration the impacts and use of fill and the flood risks associated with altered hydrology;CommentsClose CommentsPermalink





(D) differentiate between a property that is located in a flood zone and a structure located on such property that is not at the same risk level for flooding as such property due to the elevation of the structure;CommentsClose CommentsPermalink





(E) identify and incorporate natural features and their associated flood protection benefits into mapping and rates; andCommentsClose CommentsPermalink





(F) identify, analyze, and incorporate the impact of significant changes to building and development throughout any river or costal water system, including all tributaries, which may impact flooding in areas downstream; andCommentsClose CommentsPermalink





(3) provide that such rate maps are developed on a watershed basis.CommentsClose CommentsPermalink





(c) Report- If, in establishing new standards for flood insurance rate maps pursuant to subsection (a) of this section, the Administrator does not implement all of the recommendations of the Council made under the proposed new mapping standards developed by the Council pursuant to section 346(c), upon establishment of the new standards the Administrator shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate specifying which such recommendations were not adopted and explaining the reasons such recommendations were not adopted.CommentsClose CommentsPermalink





(d) Implementation- The Administrator shall, not later than the expiration of the 6-month period beginning upon establishment of the new standards for flood insurance rate maps pursuant to subsection (a) of this section, commence use of the new standards and updating of flood insurance rate maps in accordance with the new standards. Not later than the expiration of the 10-year period beginning upon the establishment of such new standards, the Administrator shall complete updating of all flood insurance rate maps in accordance with the new standards, subject to the availability of sufficient amounts for such activities provided in appropriation Acts.CommentsClose CommentsPermalink





(e) Temporary Suspension of Mandatory Purchase Requirement for Certain Properties-CommentsClose CommentsPermalink





(1) SUBMISSION OF ELEVATION CERTIFICATE- Subject to paragraphs (2) and (3) of this subsection, subsections (a), (b), and (e) of section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a), and section 202(a) of such Act, shall not apply to a property located in an area designated as having a special flood hazard if the owner of such property submits to the Administrator an elevation certificate for such property showing that the lowest level of the primary residence on such property is at an elevation that is at least three feet higher than the elevation of the 100-year flood plain.CommentsClose CommentsPermalink





(2) REVIEW OF CERTIFICATE- The Administrator shall accept as conclusive each elevation certificate submitted under paragraph (1) unless the Administrator conducts a subsequent elevation survey and determines that the lowest level of the primary residence on the property in question is not at an elevation that is at least three feet higher than the elevation of the 100-year flood plain. The Administrator shall provide any such subsequent elevation survey to the owner of such property.CommentsClose CommentsPermalink





(3) DETERMINATIONS FOR PROPERTIES ON BORDERS OF SPECIAL FLOOD HAZARD AREAS-CommentsClose CommentsPermalink





(A) EXPEDITED DETERMINATION- In the case of any survey for a property submitted to the Administrator pursuant to paragraph (1) showing that a portion of the property is located within an area having special flood hazards and that a structure located on the property is not located within such area having special flood hazards, the Administrator shall expeditiously process any request made by an owner of the property for a determination pursuant to paragraph (2) or a determination of whether the structure is located within the area having special flood hazards.CommentsClose CommentsPermalink





(B) PROHIBITION OF FEE- If the Administrator determines pursuant to subparagraph (A) that the structure on the property is not located within the area having special flood hazards, the Administrator shall not charge a fee for reviewing the flood hazard data and shall not require the owner to provide any additional elevation data.CommentsClose CommentsPermalink





(C) SIMPLIFICATION OF REVIEW PROCESS- The Administrator shall collaborate with private sector flood insurers to simplify the review process for properties described in subparagraph (A) and to ensure that the review process provides for accurate determinations.CommentsClose CommentsPermalink





(4) TERMINATION OF AUTHORITY- This subsection shall cease to apply to a property on the date on which the Administrator updates the flood insurance rate map that applies to such property in accordance with the requirements of subsection (d).CommentsClose CommentsPermalink

SEC. 348. TREATMENT OF LEVEES.

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:CommentsClose CommentsPermalink





‘(k) Treatment of Levees- The Administrator may not issue flood insurance maps, or make effective updated flood insurance maps, that omit or disregard the actual protection afforded by an existing levee, floodwall, pump or other flood protection feature, regardless of the accreditation status of such feature.’.CommentsClose CommentsPermalink

SEC. 349. PRIVATIZATION INITIATIVES.

(a) FEMA and GAO Reports- Not later than the expiration of the 18-month period beginning on the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency and the Comptroller General of the United States shall each conduct a separate study to assess a broad range of options, methods, and strategies for privatizing the national flood insurance program and shall each submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate with recommendations for the best manner to accomplish such privatization.CommentsClose CommentsPermalink





(b) Private Risk-Management Initiatives-CommentsClose CommentsPermalink





(1) AUTHORITY- The Administrator of the Federal Emergency Management Agency may carry out such private risk-management initiatives under the national flood insurance program as the Administrator considers appropriate to determine the capacity of private insurers, reinsurers, and financial markets to assist communities, on a voluntary basis only, in managing the full range of financial risks associated with flooding.CommentsClose CommentsPermalink





(2) ASSESSMENT- Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Administrator shall assess the capacity of the private reinsurance, capital, and financial markets by seeking proposals to assume a portion of the program’s insurance risk and submit to the Congress a report describing the response to such request for proposals and the results of such assessment.CommentsClose CommentsPermalink





(3) PROTOCOL FOR RELEASE OF DATA- The Administrator shall develop a protocol to provide for the release of data sufficient to conduct the assessment required under paragraph (2).CommentsClose CommentsPermalink





(c) Reinsurance- The National Flood Insurance Act of 1968 is amended--CommentsClose CommentsPermalink





(1) in section 1331(a)(2) (42 U.S.C. 4051(a)(2)), by inserting ‘, including as reinsurance of insurance coverage provided by the flood insurance program’ before ‘, on such terms’;CommentsClose CommentsPermalink





(2) in section 1332(c)(2) (42 U.S.C. 4052(c)(2)), by inserting ‘or reinsurance’ after ‘flood insurance coverage’;CommentsClose CommentsPermalink





(3) in section 1335(a) (42 U.S.C. 4055(a))--CommentsClose CommentsPermalink





(A) by inserting ‘(1)’ after ‘(a)’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) The Administrator is authorized to secure reinsurance coverage of coverage provided by the flood insurance program from private market insurance, reinsurance, and capital market sources at rates and on terms determined by the Administrator to be reasonable and appropriate in an amount sufficient to maintain the ability of the program to pay claims and that minimizes the likelihood that the program will utilize the borrowing authority provided under section 1309.’;CommentsClose CommentsPermalink





(4) in section 1346(a) (12 U.S.C. 4082(a))--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by inserting ‘, or for purposes of securing reinsurance of insurance coverage provided by the program,’ before ‘of any or all of’;CommentsClose CommentsPermalink





(B) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘estimating’ and inserting ‘Estimating’; andCommentsClose CommentsPermalink





(ii) by striking the semicolon at the end and inserting a period;CommentsClose CommentsPermalink





(C) in paragraph (2)--CommentsClose CommentsPermalink





(i) by striking ‘receiving’ and inserting ‘Receiving’; andCommentsClose CommentsPermalink





(ii) by striking the semicolon at the end and inserting a period;CommentsClose CommentsPermalink





(D) in paragraph (3)--CommentsClose CommentsPermalink





(i) by striking ‘making’ and inserting ‘Making’; andCommentsClose CommentsPermalink





(ii) by striking ‘; and’ and inserting a period;CommentsClose CommentsPermalink





(E) in paragraph (4)--CommentsClose CommentsPermalink





(i) by striking ‘otherwise’ and inserting ‘Otherwise’; andCommentsClose CommentsPermalink





(ii) by redesignating such paragraph as paragraph (5); andCommentsClose CommentsPermalink





(F) by inserting after paragraph (3) the following new paragraph:CommentsClose CommentsPermalink





‘(4) Placing reinsurance coverage on insurance provided by such program.’; andCommentsClose CommentsPermalink





(5) in section 1370(a)(3) (42 U.S.C. 4121(a)(3)), by inserting before the semicolon at the end the following: ‘, is subject to the reporting requirements of the Securities Exchange Act of 1934, pursuant to section 13(a) or 15(d) of such Act (15 U.S.C. 78m(a), 78o(d)), or is authorized by the Administrator to assume reinsurance on risks insured by the flood insurance program’.CommentsClose CommentsPermalink





(d) Assessment of Claims-Paying Ability-CommentsClose CommentsPermalink





(1) ASSESSMENT- Not later than September 30 of each year, the Administrator of the Federal Emergency Management Agency shall conduct an assessment of the claims-paying ability of the national flood insurance program, including the program’s utilization of private sector reinsurance and reinsurance equivalents, with and without reliance on borrowing authority under section 1309 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016). In conducting the assessment, the Administrator shall take into consideration regional concentrations of coverage written by the program, peak flood zones, and relevant mitigation measures.CommentsClose CommentsPermalink





(2) REPORT- The Administrator shall submit a report to the Congress of the results of each such assessment, and make such report available to the public, not later than 30 days after completion of the assessment.CommentsClose CommentsPermalink

SEC. 350. FEMA ANNUAL REPORT ON INSURANCE PROGRAM.

Section 1320 of the National Flood Insurance Act of 1968 (42 U.S.C. 4027) is amended--CommentsClose CommentsPermalink





(1) in the section heading, by striking ‘REPORT TO THE PRESIDENT’ and inserting ‘ANNUAL REPORT TO CONGRESS’;CommentsClose CommentsPermalink





(2) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking ‘biennially’;CommentsClose CommentsPermalink





(B) by striking ‘the President for submission to’; andCommentsClose CommentsPermalink





(C) by inserting ‘not later than June 30 of each year’ before the period at the end;CommentsClose CommentsPermalink





(3) in subsection (b), by striking ‘biennial’ and inserting ‘annual’; andCommentsClose CommentsPermalink





(4) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(c) Financial Status of Program- The report under this section for each year shall include information regarding the financial status of the national flood insurance program under this title, including a description of the financial status of the National Flood Insurance Fund and current and projected levels of claims, premium receipts, expenses, and borrowing under the program.’.CommentsClose CommentsPermalink

SEC. 351. MITIGATION ASSISTANCE.

(a) Mitigation Assistance Grants- Section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking the last sentence and inserting the following: ‘Such financial assistance shall be made available--CommentsClose CommentsPermalink





‘(1) to States and communities in the form of grants under this section for carrying out mitigation activities;CommentsClose CommentsPermalink





‘(2) to States and communities in the form of grants under this section for carrying out mitigation activities that reduce flood damage to severe repetitive loss structures; andCommentsClose CommentsPermalink





‘(3) to property owners in the form of direct grants under this section for carrying out mitigation activities that reduce flood damage to individual structures for which 2 or more claim payments for losses have been made under flood insurance coverage under this title if the Administrator, after consultation with the State and community, determines that neither the State nor community in which such a structure is located has the capacity to manage such grants.’.CommentsClose CommentsPermalink





(2) by striking subsection (b);CommentsClose CommentsPermalink





(3) in subsection (c)--CommentsClose CommentsPermalink





(A) by striking ‘flood risk’ and inserting ‘multi-hazard’;CommentsClose CommentsPermalink





(B) by striking ‘provides protection against’ and inserting ‘examines reduction of’; andCommentsClose CommentsPermalink





(C) by redesignating such subsection as subsection (b);CommentsClose CommentsPermalink





(4) by striking subsection (d);CommentsClose CommentsPermalink





(5) in subsection (e)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking the paragraph designation and all that follows through the end of the first sentence and inserting the following:CommentsClose CommentsPermalink





‘(1) REQUIREMENT OF CONSISTENCY WITH APPROVED MITIGATION PLAN- Amounts provided under this section may be used only for mitigation activities that are consistent with mitigation plans that are approved by the Administrator and identified under subparagraph (4).’;CommentsClose CommentsPermalink





(B) by striking paragraphs (2), (3), and (4) and inserting the following new paragraphs:CommentsClose CommentsPermalink





‘(2) REQUIREMENTS OF TECHNICAL FEASIBILITY, COST EFFECTIVENESS, AND INTEREST OF NFIF- The Administrator may approve only mitigation activities that the Administrator determines are technically feasible and cost-effective and in the interest of, and represent savings to, the National Flood Insurance Fund. In making such determinations, the Administrator shall take into consideration recognized benefits that are difficult to quantify.CommentsClose CommentsPermalink





‘(3) PRIORITY FOR MITIGATION ASSISTANCE- In providing grants under this section for mitigation activities, the Administrator shall give priority for funding to activities that the Administrator determines will result in the greatest savings to the National Flood Insurance Fund, including activities for--CommentsClose CommentsPermalink





‘(A) severe repetitive loss structures;CommentsClose CommentsPermalink





‘(B) repetitive loss structures; andCommentsClose CommentsPermalink





‘(C) other subsets of structures as the Administrator may establish.’;CommentsClose CommentsPermalink





(C) in paragraph (5)--CommentsClose CommentsPermalink





(i) by striking all of the matter that precedes subparagraph (A) and inserting the following:CommentsClose CommentsPermalink





‘(4) ELIGIBLE ACTIVITIES- Eligible activities may include--’;CommentsClose CommentsPermalink





(ii) by striking subparagraphs (E) and (H);CommentsClose CommentsPermalink





(iii) by redesignating subparagraphs (D), (F), and (G) as subparagraphs (E), (G), and (H);CommentsClose CommentsPermalink





(iv) by inserting after subparagraph (C) the following new subparagraph:CommentsClose CommentsPermalink





‘(D) elevation, relocation, and floodproofing of utilities (including equipment that serve structures);’;CommentsClose CommentsPermalink





(v) by inserting after subparagraph (E), as so redesignated by clause (iii) of this subparagraph, the following new subparagraph:CommentsClose CommentsPermalink





‘(F) the development or update of State, local, or Indian tribal mitigation plans which meet the planning criteria established by the Administrator, except that the amount from grants under this section that may be used under this subparagraph may not exceed $50,000 for any mitigation plan of a State or $25,000 for any mitigation plan of a local government or Indian tribe;’;CommentsClose CommentsPermalink





(vi) in subparagraph (H); as so redesignated by clause (iii) of this subparagraph, by striking ‘and’ at the end; andCommentsClose CommentsPermalink





(vii) by adding at the end the following new subparagraphs:CommentsClose CommentsPermalink





‘(I) other mitigation activities not described in subparagraphs (A) through (G) or the regulations issued under subparagraph (H), that are described in the mitigation plan of a State, community, or Indian tribe; andCommentsClose CommentsPermalink





‘(J) personnel costs for State staff that provide technical assistance to communities to identify eligible activities, to develop grant applications, and to implement grants awarded under this section, not to exceed $50,000 per State in any Federal fiscal year, so long as the State applied for and was awarded at least $1,000,000 in grants available under this section in the prior Federal fiscal year; the requirements of subsections (d)(1) and (d)(2) shall not apply to the activity under this subparagraph.’;CommentsClose CommentsPermalink





(D) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(6) ELIGIBILITY OF DEMOLITION AND REBUILDING OF PROPERTIES- The Administrator shall consider as an eligible activity the demolition and rebuilding of properties to at least base flood elevation or greater, if required by the Administrator or if required by any State regulation or local ordinance, and in accordance with criteria established by the Administrator.’; andCommentsClose CommentsPermalink





(E) by redesignating such subsection as subsection (c);CommentsClose CommentsPermalink





(6) by striking subsections (f), (g), and (h) and inserting the following new subsection:CommentsClose CommentsPermalink





‘(d) Matching Requirement- The Administrator may provide grants for eligible mitigation activities as follows:CommentsClose CommentsPermalink





‘(1) SEVERE REPETITIVE LOSS STRUCTURES- In the case of mitigation activities to severe repetitive loss structures, in an amount up to 100 percent of all eligible costs.CommentsClose CommentsPermalink





‘(2) REPETITIVE LOSS STRUCTURES- In the case of mitigation activities to repetitive loss structures, in an amount up to 90 percent of all eligible costs.CommentsClose CommentsPermalink





‘(3) OTHER MITIGATION ACTIVITIES- In the case of all other mitigation activities, in an amount up to 75 percent of all eligible costs.’;CommentsClose CommentsPermalink





(7) in subsection (i)--CommentsClose CommentsPermalink





(A) in paragraph (2)--CommentsClose CommentsPermalink





(i) by striking ‘certified under subsection (g)’ and inserting ‘required under subsection (d)’; andCommentsClose CommentsPermalink





(ii) by striking ‘3 times the amount’ and inserting ‘the amount’; andCommentsClose CommentsPermalink





(B) by redesignating such subsection as subsection (e);CommentsClose CommentsPermalink





(8) in subsection (j)--CommentsClose CommentsPermalink





(A) by striking ‘Riegle Community Development and Regulatory Improvement Act of 1994’ and inserting ‘Flood Insurance Reform Act of 2012’;CommentsClose CommentsPermalink





(B) by redesignating such subsection as subsection (f); andCommentsClose CommentsPermalink





(9) by striking subsections (k) and (m) and inserting the following new subsections:CommentsClose CommentsPermalink





‘(g) Failure to Make Grant Award Within 5 Years- For any application for a grant under this section for which the Administrator fails to make a grant award within 5 years of the date of application, the grant application shall be considered to be denied and any funding amounts allocated for such grant applications shall remain in the National Flood Mitigation Fund under section 1367 of this title and shall be made available for grants under this section.CommentsClose CommentsPermalink





‘(h) Limitation on Funding for Mitigation Activities for Severe Repetitive Loss Structures- The amount used pursuant to section 1310(a)(8) in any fiscal year may not exceed $40,000,000 and shall remain available until expended.CommentsClose CommentsPermalink





‘(i) Definitions- For purposes of this section, the following definitions shall apply:CommentsClose CommentsPermalink





‘(1) COMMUNITY- The term ‘community’ means--CommentsClose CommentsPermalink





‘(A) a political subdivision that--CommentsClose CommentsPermalink





‘(i) has zoning and building code jurisdiction over a particular area having special flood hazards, andCommentsClose CommentsPermalink





‘(ii) is participating in the national flood insurance program; orCommentsClose CommentsPermalink





‘(B) a political subdivision of a State, or other authority, that is designated by political subdivisions, all of which meet the requirements of subparagraph (A), to administer grants for mitigation activities for such political subdivisions.CommentsClose CommentsPermalink





‘(2) REPETITIVE LOSS STRUCTURE- The term ‘repetitive loss structure’ has the meaning given such term in section 1370.CommentsClose CommentsPermalink





‘(3) SEVERE REPETITIVE LOSS STRUCTURE- The term ‘severe repetitive loss structure’ means a structure that--CommentsClose CommentsPermalink





‘(A) is covered under a contract for flood insurance made available under this title; andCommentsClose CommentsPermalink





‘(B) has incurred flood-related damage--CommentsClose CommentsPermalink





‘(i) for which 4 or more separate claims payments have been made under flood insurance coverage under this title, with the amount of each such claim exceeding $15,000, and with the cumulative amount of such claims payments exceeding $60,000; orCommentsClose CommentsPermalink





‘(ii) for which at least 2 separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the value of the insured structure.’.CommentsClose CommentsPermalink





(b) Elimination of Grants Program for Repetitive Insurance Claims Properties- Chapter I of the National Flood Insurance Act of 1968 is amended by striking section 1323 (42 U.S.C. 4030).CommentsClose CommentsPermalink





(c) Elimination of Pilot Program for Mitigation of Severe Repetitive Loss Properties- Chapter III of the National Flood Insurance Act of 1968 is amended by striking section 1361A (42 U.S.C. 4102a).CommentsClose CommentsPermalink





(d) National Flood Insurance Fund- Section 1310(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (7), by inserting ‘and’ after the semicolon; andCommentsClose CommentsPermalink





(2) by striking paragraphs (8) and (9).CommentsClose CommentsPermalink





(e) National Flood Mitigation Fund- Section 1367 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104d) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) by striking paragraph (1) and inserting the following new paragraph:CommentsClose CommentsPermalink





‘(1) in each fiscal year, from the National Flood Insurance Fund in amounts not exceeding $90,000,000 to remain available until expended, of which--CommentsClose CommentsPermalink





‘(A) not more than $40,000,000 shall be available pursuant to subsection (a) of this section only for assistance described in section 1366(a)(1);CommentsClose CommentsPermalink





‘(B) not more than $40,000,000 shall be available pursuant to subsection (a) of this section only for assistance described in section 1366(a)(2); andCommentsClose CommentsPermalink





‘(C) not more than $10,000,000 shall be available pursuant to subsection (a) of this section only for assistance described in section 1366(a)(3).’.CommentsClose CommentsPermalink





(B) in paragraph (3), by striking ‘section 1366(i)’ and inserting ‘section 1366(e)’;CommentsClose CommentsPermalink





(2) in subsection (c), by striking ‘sections 1366 and 1323’ and inserting ‘section 1366’;CommentsClose CommentsPermalink





(3) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; andCommentsClose CommentsPermalink





(4) by inserting after subsection (c) the following new subsections:CommentsClose CommentsPermalink





‘(d) Prohibition on Offsetting Collections- Notwithstanding any other provision of this title, amounts made available pursuant to this section shall not be subject to offsetting collections through premium rates for flood insurance coverage under this title.CommentsClose CommentsPermalink





‘(e) Continued Availability and Reallocation- Any amounts made available pursuant to subparagraph (A), (B), or (C) of subsection (b)(1) that are not used in any fiscal year shall continue to be available for the purposes specified in such subparagraph of subsection (b)(1) pursuant to which such amounts were made available, unless the Administrator determines that reallocation of such unused amounts to meet demonstrated need for other mitigation activities under section 1366 is in the best interest of the National Flood Insurance Fund.’.CommentsClose CommentsPermalink





(f) Increased Cost of Compliance Coverage- Section 1304(b)(4) of the National Flood Insurance Act of 1968 (42 U.S.C. 4011(b)(4)) is amended--CommentsClose CommentsPermalink





(1) by striking subparagraph (B); andCommentsClose CommentsPermalink





(2) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively.CommentsClose CommentsPermalink

SEC. 352. NOTIFICATION TO HOMEOWNERS REGARDING MANDATORY PURCHASE REQUIREMENT APPLICABILITY AND RATE PHASE-INS.

Section 201 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4105) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(f) Annual Notification- The Administrator, in consultation with affected communities, shall establish and carry out a plan to notify residents of areas having special flood hazards, on an annual basis--CommentsClose CommentsPermalink





‘(1) that they reside in such an area;CommentsClose CommentsPermalink





‘(2) of the geographical boundaries of such area;CommentsClose CommentsPermalink





‘(3) of whether section 1308(g) of the National Flood Insurance Act of 1968 applies to properties within such area;CommentsClose CommentsPermalink





‘(4) of the provisions of section 102 requiring purchase of flood insurance coverage for properties located in such an area, including the date on which such provisions apply with respect to such area, taking into consideration section 102(i); andCommentsClose CommentsPermalink





‘(5) of a general estimate of what similar homeowners in similar areas typically pay for flood insurance coverage, taking into consideration section 1308(g) of the National Flood Insurance Act of 1968.’.CommentsClose CommentsPermalink

SEC. 353. NOTIFICATION TO MEMBERS OF CONGRESS OF FLOOD MAP REVISIONS AND UPDATES.

Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), as amended by the preceding provisions of this subtitle, is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(l) Notification to Members of Congress of Map Modernization- Upon any revision or update of any floodplain area or flood-risk zone pursuant to subsection (f), any decision pursuant to subsection (f)(1) that such revision or update is necessary, any issuance of preliminary maps for such revision or updating, or any other significant action relating to any such revision or update, the Administrator shall notify the Senators for each State affected, and each Member of the House of Representatives for each congressional district affected, by such revision or update in writing of the action taken.’.CommentsClose CommentsPermalink

SEC. 354. NOTIFICATION AND APPEAL OF MAP CHANGES; NOTIFICATION TO COMMUNITIES OF ESTABLISHMENT OF FLOOD ELEVATIONS.

Section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104) is amended by striking the section designation and all that follows through the end of subsection (a) and inserting the following:CommentsClose CommentsPermalink





‘Sec. 1363. (a) In establishing projected flood elevations for land use purposes with respect to any community pursuant to section 1361, the Administrator shall first propose such determinations--CommentsClose CommentsPermalink





‘(1) by providing the chief executive officer of each community affected by the proposed elevations, by certified mail, with a return receipt requested, notice of the elevations, including a copy of the maps for the elevations for such community and a statement explaining the process under this section to appeal for changes in such elevations;CommentsClose CommentsPermalink





‘(2) by causing notice of such elevations to be published in the Federal Register, which notice shall include information sufficient to identify the elevation determinations and the communities affected, information explaining how to obtain copies of the elevations, and a statement explaining the process under this section to appeal for changes in the elevations;CommentsClose CommentsPermalink





‘(3) by publishing in a prominent local newspaper the elevations, a description of the appeals process for flood determinations, and the mailing address and telephone number of a person the owner may contact for more information or to initiate an appeal;CommentsClose CommentsPermalink





‘(4) by providing written notification, by first class mail, to each owner of real property affected by the proposed elevations of--CommentsClose CommentsPermalink





‘(A) the status of such property, both prior to and after the effective date of the proposed determination, with respect to flood zone and flood insurance requirements under this Act and the Flood Disaster Protection Act of 1973;CommentsClose CommentsPermalink





‘(B) the process under this section to appeal a flood elevation determination; andCommentsClose CommentsPermalink





‘(C) the mailing address and phone number of a person the owner may contact for more information or to initiate an appeal; and’.CommentsClose CommentsPermalink

SEC. 355. NOTIFICATION TO TENANTS OF AVAILABILITY OF CONTENTS INSURANCE.

The National Flood Insurance Act of 1968 is amended by inserting after section 1308 (42 U.S.C. 4015) the following new section:CommentsClose CommentsPermalink

‘SEC. 1308A. NOTIFICATION TO TENANTS OF AVAILABILITY OF CONTENTS INSURANCE.

‘(a) In General- The Administrator shall, upon entering into a contract for flood insurance coverage under this title for any property--CommentsClose CommentsPermalink





‘(1) provide to the insured sufficient copies of the notice developed pursuant to subsection (b); andCommentsClose CommentsPermalink





‘(2) require the insured to provide a copy of the notice, or otherwise provide notification of the information under subsection (b) in the manner that the manager or landlord deems most appropriate, to each such tenant and to each new tenant upon commencement of such a tenancy.CommentsClose CommentsPermalink





‘(b) Notice- Notice to a tenant of a property in accordance with this subsection is written notice that clearly informs a tenant--CommentsClose CommentsPermalink





‘(1) whether the property is located in an area having special flood hazards;CommentsClose CommentsPermalink





‘(2) that flood insurance coverage is available under the national flood insurance program under this title for contents of the unit or structure leased by the tenant;CommentsClose CommentsPermalink





‘(3) of the maximum amount of such coverage for contents available under this title at that time; andCommentsClose CommentsPermalink





‘(4) of where to obtain information regarding how to obtain such coverage, including a telephone number, mailing address, and Internet site of the Administrator where such information is available.’.CommentsClose CommentsPermalink

SEC. 356. NOTIFICATION TO POLICY HOLDERS REGARDING DIRECT MANAGEMENT OF POLICY BY FEMA.

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:CommentsClose CommentsPermalink

‘SEC. 1349. NOTIFICATION TO POLICY HOLDERS REGARDING DIRECT MANAGEMENT OF POLICY BY FEMA.

‘(a) Notification- Not later than 60 days before the date on which a transferred flood insurance policy expires, and annually thereafter until such time as the Federal Emergency Management Agency is no longer directly administering such policy, the Administrator shall notify the holder of such policy that--CommentsClose CommentsPermalink





‘(1) the Federal Emergency Management Agency is directly administering the policy;CommentsClose CommentsPermalink





‘(2) such holder may purchase flood insurance that is directly administered by an insurance company; andCommentsClose CommentsPermalink





‘(3) purchasing flood insurance offered under the National Flood Insurance Program that is directly administered by an insurance company will not alter the coverage provided or the premiums charged to such holder that otherwise would be provided or charged if the policy was directly administered by the Federal Emergency Management Agency.CommentsClose CommentsPermalink





‘(b) Definition- In this section, the term ‘transferred flood insurance policy’ means a flood insurance policy that--CommentsClose CommentsPermalink





‘(1) was directly administered by an insurance company at the time the policy was originally purchased by the policy holder; andCommentsClose CommentsPermalink





‘(2) at the time of renewal of the policy, direct administration of the policy was or will be transferred to the Federal Emergency Management Agency.’.CommentsClose CommentsPermalink

SEC. 357. NOTICE OF AVAILABILITY OF FLOOD INSURANCE AND ESCROW IN RESPA GOOD FAITH ESTIMATE.

Subsection (c) of section 5 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604(c)) is amended by adding at the end the following new sentence: ‘Each such good faith estimate shall include the following conspicuous statements and information: (1) that flood insurance coverage for residential real estate is generally available under the national flood insurance program whether or not the real estate is located in an area having special flood hazards and that, to obtain such coverage, a home owner or purchaser should contact the national flood insurance program; (2) a telephone number and a location on the Internet by which a home owner or purchaser can contact the national flood insurance program; and (3) that the escrowing of flood insurance payments is required for many loans under section 102(d) of the Flood Disaster Protection Act of 1973, and may be a convenient and available option with respect to other loans.’.CommentsClose CommentsPermalink

SEC. 358. REIMBURSEMENT FOR COSTS INCURRED BY HOMEOWNERS AND COMMUNITIES OBTAINING LETTERS OF MAP AMENDMENT OR REVISION.

(a) In General- Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), as amended by the preceding provisions of this subtitle, is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(m) Reimbursement-CommentsClose CommentsPermalink





‘(1) REQUIREMENT UPON BONA FIDE ERROR- If an owner of any property located in an area described in section 102(i)(3) of the Flood Disaster Protection Act of 1973, or a community in which such a property is located, obtains a letter of map amendment, or a letter of map revision, due to a bona fide error on the part of the Administrator of the Federal Emergency Management Agency, the Administrator shall reimburse such owner, or such entity or jurisdiction acting on such owner’s behalf, or such community, as applicable, for any reasonable costs incurred in obtaining such letter.CommentsClose CommentsPermalink





‘(2) REASONABLE COSTS- The Administrator shall, by regulation or notice, determine a reasonable amount of costs to be reimbursed under paragraph (1), except that such costs shall not include legal or attorneys fees. In determining the reasonableness of costs, the Administrator shall only consider the actual costs to the owner or community, as applicable, of utilizing the services of an engineer, surveyor, or similar services.’.CommentsClose CommentsPermalink





(b) Regulations- Not later than 90 days after the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency shall issue the regulations or notice required under section 1360(m)(2) of the National Flood Insurance Act of 1968, as added by the amendment made by subsection (a) of this section.CommentsClose CommentsPermalink

SEC. 359. ENHANCED COMMUNICATION WITH CERTAIN COMMUNITIES DURING MAP UPDATING PROCESS.

Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), as amended by the preceding provisions of this subtitle, is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(n) Enhanced Communication With Certain Communities During Map Updating Process- In updating flood insurance maps under this section, the Administrator shall communicate with communities located in areas where flood insurance rate maps have not been updated in 20 years or more and the appropriate State emergency agencies to resolve outstanding issues, provide technical assistance, and disseminate all necessary information to reduce the prevalence of outdated maps in flood-prone areas.’.CommentsClose CommentsPermalink

SEC. 360. NOTIFICATION TO RESIDENTS NEWLY INCLUDED IN FLOOD HAZARD AREAS.

Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), as amended by the preceding provisions of this subtitle, is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(o) Notification to Residents Newly Included in Flood Hazard Area- In revising or updating any areas having special flood hazards, the Administrator shall provide to each owner of a property to be newly included in such a special flood hazard area, at the time of issuance of such proposed revised or updated flood insurance maps, a copy of the proposed revised or updated flood insurance maps together with information regarding the appeals process under section 1363 (42 U.S.C. 4104).’.CommentsClose CommentsPermalink

SEC. 361. TREATMENT OF SWIMMING POOL ENCLOSURES OUTSIDE OF HURRICANE SEASON.

Chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘SEC. 1325. TREATMENT OF SWIMMING POOL ENCLOSURES OUTSIDE OF HURRICANE SEASON.

‘In the case of any property that is otherwise in compliance with the coverage and building requirements of the national flood insurance program, the presence of an enclosed swimming pool located at ground level or in the space below the lowest floor of a building after November 30 and before June 1 of any year shall have no effect on the terms of coverage or the ability to receive coverage for such building under the national flood insurance program established pursuant to this title, if the pool is enclosed with non-supporting breakaway walls.’.CommentsClose CommentsPermalink

SEC. 362. INFORMATION REGARDING MULTIPLE PERILS CLAIMS.

Section 1345 of the National Flood Insurance Act of 1968 (42 U.S.C. 4081) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(d) Information Regarding Multiple Perils Claims-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), if an insured having flood insurance coverage under a policy issued under the program under this title by the Administrator or a company, insurer, or entity offering flood insurance coverage under such program (in this subsection referred to as a ‘participating company’) has wind or other homeowners coverage from any company, insurer, or other entity covering property covered by such flood insurance, in the case of damage to such property that may have been caused by flood or by wind, the Administrator and the participating company, upon the request of the insured, shall provide to the insured, within 30 days of such request--CommentsClose CommentsPermalink





‘(A) a copy of the estimate of structure damage;CommentsClose CommentsPermalink





‘(B) proofs of loss;CommentsClose CommentsPermalink





‘(C) any expert or engineering reports or documents commissioned by or relied upon by the Administrator or participating company in determining whether the damage was caused by flood or any other peril; andCommentsClose CommentsPermalink





‘(D) the Administrator’s or the participating company’s final determination on the claim.CommentsClose CommentsPermalink





‘(2) TIMING- Paragraph (1) shall apply only with respect to a request described in such paragraph made by an insured after the Administrator or the participating company, or both, as applicable, have issued a final decision on the flood claim involved and resolution of all appeals with respect to such claim.’.CommentsClose CommentsPermalink

SEC. 363. FEMA AUTHORITY TO REJECT TRANSFER OF POLICIES.

Section 1345 of the National Flood Insurance Act of 1968 (42 U.S.C. 4081) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(e) FEMA Authority to Reject Transfer of Policies- Notwithstanding any other provision of this Act, the Administrator may, at the discretion of the Administrator, refuse to accept the transfer of the administration of policies for coverage under the flood insurance program under this title that are written and administered by any insurance company or other insurer, or any insurance agent or broker.’.CommentsClose CommentsPermalink

SEC. 364. APPEALS.

(a) Television and Radio Announcement- Section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104), as amended by the preceding provisions of this subtitle, is further amended--CommentsClose CommentsPermalink





(1) in subsection (a), by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) by notifying a local television and radio station,’; andCommentsClose CommentsPermalink





(2) in the first sentence of subsection (b), by inserting before the period at the end the following: ‘and shall notify a local television and radio station at least once during the same 10-day period’.CommentsClose CommentsPermalink





(b) Extension of Appeals Period- Subsection (b) of section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104(b)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘(b) The Director’ and inserting ‘(b)(1) The Administrator’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) The Administrator shall grant an extension of the 90-day period for appeals referred to in paragraph (1) for 90 additional days if an affected community certifies to the Administrator, after the expiration of at least 60 days of such period, that the community--CommentsClose CommentsPermalink





‘(A) believes there are property owners or lessees in the community who are unaware of such period for appeals; andCommentsClose CommentsPermalink





‘(B) will utilize the extension under this paragraph to notify property owners or lessees who are affected by the proposed flood elevation determinations of the period for appeals and the opportunity to appeal the determinations proposed by the Administrator.’.CommentsClose CommentsPermalink





(c) Applicability- The amendments made by subsections (a) and (b) shall apply with respect to any flood elevation determination for any area in a community that has not, as of the date of the enactment of this Act, been issued a Letter of Final Determination for such determination under the flood insurance map modernization process.CommentsClose CommentsPermalink

SEC. 365. RESERVE FUND.

(a) Establishment- Chapter I of the National Flood Insurance Act of 1968 is amended by inserting after section 1310 (42 U.S.C. 4017) the following new section:CommentsClose CommentsPermalink

‘SEC. 1310A. RESERVE FUND.

‘(a) Establishment of Reserve Fund- In carrying out the flood insurance program authorized by this title, the Administrator shall establish in the Treasury of the United States a National Flood Insurance Reserve Fund (in this section referred to as the ‘Reserve Fund’) which shall--CommentsClose CommentsPermalink





‘(1) be an account separate from any other accounts or funds available to the Administrator; andCommentsClose CommentsPermalink





‘(2) be available for meeting the expected future obligations of the flood insurance program.CommentsClose CommentsPermalink





‘(b) Reserve Ratio- Subject to the phase-in requirements under subsection (d), the Reserve Fund shall maintain a balance equal to--CommentsClose CommentsPermalink





‘(1) 1 percent of the sum of the total potential loss exposure of all outstanding flood insurance policies in force in the prior fiscal year; orCommentsClose CommentsPermalink





‘(2) such higher percentage as the Administrator determines to be appropriate, taking into consideration any circumstance that may raise a significant risk of substantial future losses to the Reserve Fund.CommentsClose CommentsPermalink





‘(c) Maintenance of Reserve Ratio-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Administrator shall have the authority to establish, increase, or decrease the amount of aggregate annual insurance premiums to be collected for any fiscal year necessary--CommentsClose CommentsPermalink





‘(A) to maintain the reserve ratio required under subsection (b); andCommentsClose CommentsPermalink





‘(B) to achieve such reserve ratio, if the actual balance of such reserve is below the amount required under subsection (b).CommentsClose CommentsPermalink





‘(2) CONSIDERATIONS- In exercising the authority under paragraph (1), the Administrator shall consider--CommentsClose CommentsPermalink





‘(A) the expected operating expenses of the Reserve Fund;CommentsClose CommentsPermalink





‘(B) the insurance loss expenditures under the flood insurance program;CommentsClose CommentsPermalink





‘(C) any investment income generated under the flood insurance program; andCommentsClose CommentsPermalink





‘(D) any other factor that the Administrator determines appropriate.CommentsClose CommentsPermalink





‘(3) LIMITATIONS- In exercising the authority under paragraph (1), the Administrator shall be subject to all other provisions of this Act, including any provisions relating to chargeable premium rates and annual increases of such rates.CommentsClose CommentsPermalink





‘(d) Phase-in Requirements- The phase-in requirements under this subsection are as follows:CommentsClose CommentsPermalink





‘(1) IN GENERAL- Beginning in fiscal year 2012 and not ending until the fiscal year in which the ratio required under subsection (b) is achieved, in each such fiscal year the Administrator shall place in the Reserve Fund an amount equal to not less than 7.5 percent of the reserve ratio required under subsection (b).CommentsClose CommentsPermalink





‘(2) AMOUNT SATISFIED- As soon as the ratio required under subsection (b) is achieved, and except as provided in paragraph (3), the Administrator shall not be required to set aside any amounts for the Reserve Fund.CommentsClose CommentsPermalink





‘(3) EXCEPTION- If at any time after the ratio required under subsection (b) is achieved, the Reserve Fund falls below the required ratio under subsection (b), the Administrator shall place in the Reserve Fund for that fiscal year an amount equal to not less than 7.5 percent of the reserve ratio required under subsection (b).CommentsClose CommentsPermalink





‘(e) Limitation on Reserve Ratio- In any given fiscal year, if the Administrator determines that the reserve ratio required under subsection (b) cannot be achieved, the Administrator shall submit a report to the Congress that--CommentsClose CommentsPermalink





‘(1) describes and details the specific concerns of the Administrator regarding such consequences;CommentsClose CommentsPermalink





‘(2) demonstrates how such consequences would harm the long-term financial soundness of the flood insurance program; andCommentsClose CommentsPermalink





‘(3) indicates the maximum attainable reserve ratio for that particular fiscal year.CommentsClose CommentsPermalink





‘(f) Availability of Amounts- The reserve ratio requirements under subsection (b) and the phase-in requirements under subsection (d) shall be subject to the availability of amounts in the National Flood Insurance Fund for transfer under section 1310(a)(10), as provided in section 1310(f).’.CommentsClose CommentsPermalink





(b) Funding- Subsection (a) of section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017(a)), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(10) for transfers to the National Flood Insurance Reserve Fund under section 1310A, in accordance with such section.’.CommentsClose CommentsPermalink

SEC. 366. CDBG ELIGIBILITY FOR FLOOD INSURANCE OUTREACH ACTIVITIES AND COMMUNITY BUILDING CODE ADMINISTRATION GRANTS.

Section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (24), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (25), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(26) supplementing existing State or local funding for administration of building code enforcement by local building code enforcement departments, including for increasing staffing, providing staff training, increasing staff competence and professional qualifications, and supporting individual certification or departmental accreditation, and for capital expenditures specifically dedicated to the administration of the building code enforcement department, except that, to be eligible to use amounts as provided in this paragraph--CommentsClose CommentsPermalink





‘(A) a building code enforcement department shall provide matching, non-Federal funds to be used in conjunction with amounts used under this paragraph in an amount--CommentsClose CommentsPermalink





‘(i) in the case of a building code enforcement department serving an area with a population of more than 50,000, equal to not less than 50 percent of the total amount of any funds made available under this title that are used under this paragraph;CommentsClose CommentsPermalink





‘(ii) in the case of a building code enforcement department serving an area with a population of between 20,001 and 50,000, equal to not less than 25 percent of the total amount of any funds made available under this title that are used under this paragraph; andCommentsClose CommentsPermalink





‘(iii) in the case of a building code enforcement department serving an area with a population of less than 20,000, equal to not less than 12.5 percent of the total amount of any funds made available under this title that are used under this paragraph,CommentsClose CommentsPermalink





except that the Secretary may waive the matching fund requirements under this subparagraph, in whole or in part, based upon the level of economic distress of the jurisdiction in which is located the local building code enforcement department that is using amounts for purposes under this paragraph, and shall waive such matching fund requirements in whole for any recipient jurisdiction that has dedicated all building code permitting fees to the conduct of local building code enforcement; andCommentsClose CommentsPermalink





‘(B) any building code enforcement department using funds made available under this title for purposes under this paragraph shall empanel a code administration and enforcement team consisting of at least 1 full-time building code enforcement officer, a city planner, and a health planner or similar officer; andCommentsClose CommentsPermalink





‘(27) provision of assistance to local governmental agencies responsible for floodplain management activities (including such agencies of Indians tribes, as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) in communities that participate in the national flood insurance program under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), only for carrying out outreach activities to encourage and facilitate the purchase of flood insurance protection under such Act by owners and renters of properties in such communities and to promote educational activities that increase awareness of flood risk reduction; except that--CommentsClose CommentsPermalink





‘(A) amounts used as provided under this paragraph shall be used only for activities designed to--CommentsClose CommentsPermalink





‘(i) identify owners and renters of properties in communities that participate in the national flood insurance program, including owners of residential and commercial properties;CommentsClose CommentsPermalink





‘(ii) notify such owners and renters when their properties become included in, or when they are excluded from, an area having special flood hazards and the effect of such inclusion or exclusion on the applicability of the mandatory flood insurance purchase requirement under section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) to such properties;CommentsClose CommentsPermalink





‘(iii) educate such owners and renters regarding the flood risk and reduction of this risk in their community, including the continued flood risks to areas that are no longer subject to the flood insurance mandatory purchase requirement;CommentsClose CommentsPermalink





‘(iv) educate such owners and renters regarding the benefits and costs of maintaining or acquiring flood insurance, including, where applicable, lower-cost preferred risk policies under this title for such properties and the contents of such properties;CommentsClose CommentsPermalink





‘(v) encourage such owners and renters to maintain or acquire such coverage;CommentsClose CommentsPermalink





‘(vi) notify such owners of where to obtain information regarding how to obtain such coverage, including a telephone number, mailing address, and Internet site of the Administrator of the Federal Emergency Management Agency (in this paragraph referred to as the ‘Administrator’) where such information is available; andCommentsClose CommentsPermalink





‘(vii) educate local real estate agents in communities participating in the national flood insurance program regarding the program and the availability of coverage under the program for owners and renters of properties in such communities, and establish coordination and liaisons with such real estate agents to facilitate purchase of coverage under the National Flood Insurance Act of 1968 and increase awareness of flood risk reduction;CommentsClose CommentsPermalink





‘(B) in any fiscal year, a local governmental agency may not use an amount under this paragraph that exceeds 3 times the amount that the agency certifies, as the Secretary, in consultation with the Administrator, shall require, that the agency will contribute from non-Federal funds to be used with such amounts used under this paragraph only for carrying out activities described in subparagraph (A); and for purposes of this subparagraph, the term ‘non-Federal funds’ includes State or local government agency amounts, in-kind contributions, any salary paid to staff to carry out the eligible activities of the local governmental agency involved, the value of the time and services contributed by volunteers to carry out such services (at a rate determined by the Secretary), and the value of any donated material or building and the value of any lease on a building;CommentsClose CommentsPermalink





‘(C) a local governmental agency that uses amounts as provided under this paragraph may coordinate or contract with other agencies and entities having particular capacities, specialties, or experience with respect to certain populations or constituencies, including elderly or disabled families or persons, to carry out activities described in subparagraph (A) with respect to such populations or constituencies; andCommentsClose CommentsPermalink





‘(D) each local government agency that uses amounts as provided under this paragraph shall submit a report to the Secretary and the Administrator, not later than 12 months after such amounts are first received, which shall include such information as the Secretary and the Administrator jointly consider appropriate to describe the activities conducted using such amounts and the effect of such activities on the retention or acquisition of flood insurance coverage.’.CommentsClose CommentsPermalink

SEC. 367. TECHNICAL CORRECTIONS.

(a) Flood Disaster Protection Act of 1973- The Flood Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.) is amended--CommentsClose CommentsPermalink





(1) by striking ‘Director’ each place such term appears, except in section 102(f)(3) (42 U.S.C. 4012a(f)(3)), and inserting ‘Administrator’; andCommentsClose CommentsPermalink





(2) in section 201(b) (42 U.S.C. 4105(b)), by striking ‘Director’s’ and inserting ‘Administrator’s’.CommentsClose CommentsPermalink





(b) National Flood Insurance Act of 1968- The National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is amended--CommentsClose CommentsPermalink





(1) by striking ‘Director’ each place such term appears and inserting ‘Administrator’; andCommentsClose CommentsPermalink





(2) in section 1363 (42 U.S.C. 4104), by striking ‘Director’s’ each place such term appears and inserting ‘Administrator’s’.CommentsClose CommentsPermalink





(c) Federal Flood Insurance Act of 1956- Section 15(e) of the Federal Flood Insurance Act of 1956 (42 U.S.C. 2414(e)) is amended by striking ‘Director’ each place such term appears and inserting ‘Administrator’.CommentsClose CommentsPermalink

SEC. 368. REQUIRING COMPETITION FOR NATIONAL FLOOD INSURANCE PROGRAM POLICIES.

(a) Report- Not later than the expiration of the 90-day period beginning upon the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency, in consultation with insurance companies, insurance agents and other organizations with which the Administrator has contracted, shall submit to the Congress a report describing procedures and policies that the Administrator shall implement to limit the percentage of policies for flood insurance coverage under the national flood insurance program that are directly managed by the Agency to not more than 10 percent of the aggregate number of flood insurance policies in force under such program.CommentsClose CommentsPermalink





(b) Implementation- Upon submission of the report under subsection (a) to the Congress, the Administrator shall implement the policies and procedures described in the report. The Administrator shall, not later than the expiration of the 12-month period beginning upon submission of such report, reduce the number of policies for flood insurance coverage that are directly managed by the Agency, or by the Agency’s direct servicing contractor that is not an insurer, to not more than 10 percent of the aggregate number of flood insurance policies in force as of the expiration of such 12-month period.CommentsClose CommentsPermalink





(c) Continuation of Current Agent Relationships- In carrying out subsection (b), the Administrator shall ensure that--CommentsClose CommentsPermalink





(1) agents selling or servicing policies described in such subsection are not prevented from continuing to sell or service such policies; andCommentsClose CommentsPermalink





(2) insurance companies are not prevented from waiving any limitation such companies could otherwise enforce to limit any such activity.CommentsClose CommentsPermalink

SEC. 369. STUDIES OF VOLUNTARY COMMUNITY-BASED FLOOD INSURANCE OPTIONS.

(a) Studies- The Administrator of the Federal Emergency Management Agency and the Comptroller General of the United States shall each conduct a separate study to assess options, methods, and strategies for offering voluntary community-based flood insurance policy options and incorporating such options into the national flood insurance program. Such studies shall take into consideration and analyze how the policy options would affect communities having varying economic bases, geographic locations, flood hazard characteristics or classifications, and flood management approaches.CommentsClose CommentsPermalink





(b) Reports- Not later than the expiration of the 18-month period beginning on the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency and the Comptroller General of the United States shall each submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the results and conclusions of the study such agency conducted under subsection (a), and each such report shall include recommendations for the best manner to incorporate voluntary community-based flood insurance options into the national flood insurance program and for a strategy to implement such options that would encourage communities to undertake flood mitigation activities.CommentsClose CommentsPermalink

SEC. 370. REPORT ON INCLUSION OF BUILDING CODES IN FLOODPLAIN MANAGEMENT CRITERIA.

Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency shall conduct a study and submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate regarding the impact, effectiveness, and feasibility of amending section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 4102) to include widely used and nationally recognized building codes as part of the floodplain management criteria developed under such section, and shall determine--CommentsClose CommentsPermalink





(1) the regulatory, financial, and economic impacts of such a building code requirement on homeowners, States and local communities, local land use policies, and the Federal Emergency Management Agency;CommentsClose CommentsPermalink





(2) the resources required of State and local communities to administer and enforce such a building code requirement;CommentsClose CommentsPermalink





(3) the effectiveness of such a building code requirement in reducing flood-related damage to buildings and contents;CommentsClose CommentsPermalink





(4) the impact of such a building code requirement on the actuarial soundness of the National Flood Insurance Program;CommentsClose CommentsPermalink





(5) the effectiveness of nationally recognized codes in allowing innovative materials and systems for flood-resistant construction;CommentsClose CommentsPermalink





(6) the feasibility and effectiveness of providing an incentive in lower premium rates for flood insurance coverage under such Act for structures meeting whichever of such widely used and nationally recognized building code or any applicable local building code provides greater protection from flood damage;CommentsClose CommentsPermalink





(7) the impact of such a building code requirement on rural communities with different building code challenges than more urban environments; andCommentsClose CommentsPermalink





(8) the impact of such a building code requirement on Indian reservations.CommentsClose CommentsPermalink

SEC. 371. STUDY ON GRADUATED RISK.

(a) Study- The National Academy of Sciences shall conduct a study exploring methods for understanding graduated risk behind levees and the associated land development, insurance, and risk communication dimensions, which shall--CommentsClose CommentsPermalink





(1) research, review, and recommend current best practices for estimating direct annualized flood losses behind levees for residential and commercial structures;CommentsClose CommentsPermalink





(2) rank such practices based on their best value, balancing cost, scientific integrity, and the inherent uncertainties associated with all aspects of the loss estimate, including geotechnical engineering, flood frequency estimates, economic value, and direct damages;CommentsClose CommentsPermalink





(3) research, review, and identify current best floodplain management and land use practices behind levees that effectively balance social, economic, and environmental considerations as part of an overall flood risk management strategy;CommentsClose CommentsPermalink





(4) identify examples where such practices have proven effective and recommend methods and processes by which they could be applied more broadly across the United States, given the variety of different flood risks, State and local legal frameworks, and evolving judicial opinions;CommentsClose CommentsPermalink





(5) research, review, and identify a variety of flood insurance pricing options for flood hazards behind levees which are actuarially sound and based on the flood risk data developed using the top three best value approaches identified pursuant to paragraph (1);CommentsClose CommentsPermalink





(6) evaluate and recommend methods to reduce insurance costs through creative arrangements between insureds and insurers while keeping a clear accounting of how much financial risk is being borne by various parties such that the entire risk is accounted for, including establishment of explicit limits on disaster aid or other assistance in the event of a flood; andCommentsClose CommentsPermalink





(7) taking into consideration the recommendations pursuant to paragraphs (1) through (3), recommend approaches to communicating the associated risks to community officials, homeowners, and other residents.CommentsClose CommentsPermalink





(b) Report- Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the National Academy of Sciences shall submit a report to the Committees on Financial Services and Science, Space, and Technology of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Commerce, Science and Transportation of the Senate on the study under subsection (a) including the information and recommendations required under such subsection.CommentsClose CommentsPermalink

SEC. 372. REPORT ON FLOOD-IN-PROGRESS DETERMINATION.

The Administrator of the Federal Emergency Management Agency shall review the processes and procedures for determining that a flood event has commenced or is in progress for purposes of flood insurance coverage made available under the national flood insurance program under the National Flood Insurance Act of 1968 and for providing public notification that such an event has commenced or is in progress. In such review, the Administrator shall take into consideration the effects and implications that weather conditions, such as rainfall, snowfall, projected snowmelt, existing water levels, and other conditions have on the determination that a flood event has commenced or is in progress. Not later than the expiration of the 6-month period beginning upon the date of the enactment of this Act, the Administrator shall submit a report to the Congress setting forth the results and conclusions of the review undertaken pursuant to this section and any actions undertaken or proposed actions to be taken to provide for a more precise and technical determination that a flooding event has commenced or is in progress.CommentsClose CommentsPermalink

SEC. 373. STUDY ON REPAYING FLOOD INSURANCE DEBT.

Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit a report to the Congress setting forth a plan for repaying within 10 years all amounts, including any amounts previously borrowed but not yet repaid, owed pursuant to clause (2) of subsection (a) of section 1309 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)(2)).CommentsClose CommentsPermalink

SEC. 374. NO CAUSE OF ACTION.

No cause of action shall exist and no claim may be brought against the United States for violation of any notification requirement imposed upon the United States by this subtitle or any amendment made by this subtitle.CommentsClose CommentsPermalink

SEC. 375. AUTHORITY FOR THE CORPS OF ENGINEERS TO PROVIDE SPECIALIZED OR TECHNICAL SERVICES.

(a) In General- Notwithstanding any other provision of law, upon the request of a State or local government, the Secretary of the Army may evaluate a levee system that was designed or constructed by the Secretary for the purposes of the National Flood Insurance Program established under chapter 1 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.).CommentsClose CommentsPermalink





(b) Requirements- A levee system evaluation under subsection (a) shall--CommentsClose CommentsPermalink





(1) comply with applicable regulations related to areas protected by a levee system;CommentsClose CommentsPermalink





(2) be carried out in accordance with such procedures as the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, may establish; andCommentsClose CommentsPermalink





(3) be carried out only if the State or local government agrees to reimburse the Secretary for all cost associated with the performance of the activities.CommentsClose CommentsPermalink

Subtitle E--Repeal of the Office of Financial ResearchCommentsClose CommentsPermalink

SEC. 381. REPEAL OF THE OFFICE OF FINANCIAL RESEARCH.

(a) In General- Subtitle B of title I of the Dodd-Frank Wall Street Reform and Consumer Protection Act is hereby repealed.CommentsClose CommentsPermalink





(b) Conforming Amendments to the Dodd-Frank Act- The Dodd-Frank Wall Street Reform and Consumer Protection Act is amended--CommentsClose CommentsPermalink





(1) in section 102(a), by striking paragraph (5);CommentsClose CommentsPermalink





(2) in section 111--CommentsClose CommentsPermalink





(A) in subsection (b)(2)--CommentsClose CommentsPermalink





(i) by striking subparagraph (A); andCommentsClose CommentsPermalink





(ii) by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (A), (B), (C), and (D), respectively;CommentsClose CommentsPermalink





(B) in subsection (c)(1), by striking ‘subparagraphs (C), (D), and (E)’ and inserting ‘subparagraphs (B), (C), and (D)’;CommentsClose CommentsPermalink





(3) in section 112--CommentsClose CommentsPermalink





(A) in subsection (a)(2)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking ‘direct the Office of Financial Research to’;CommentsClose CommentsPermalink





(ii) by striking subparagraph (B); andCommentsClose CommentsPermalink





(iii) by redesignating subparagraphs (C), (D), (E), (F), (G), (H), (I), (J), (K), (L), (M), and (N) as subparagraphs (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (L), and (M), respectively; andCommentsClose CommentsPermalink





(B) in subsection (d)--CommentsClose CommentsPermalink





(i) in paragraph (1), by striking ‘the Office of Financial Research, member agencies, and’ and inserting ‘member agencies and’;CommentsClose CommentsPermalink





(ii) in paragraph (2), by striking ‘the Office of Financial Research, any member agency, and’ and inserting ‘any member agency and’;CommentsClose CommentsPermalink





(iii) in paragraph (3)--CommentsClose CommentsPermalink





(I) by striking ‘, acting through the Office of Financial Research,’ each place it appears; andCommentsClose CommentsPermalink





(II) in subparagraph (B), by striking ‘the Office of Financial Research or’; andCommentsClose CommentsPermalink





(iv) in paragraph (5)(A), by striking ‘, the Office of Financial Research,’;CommentsClose CommentsPermalink





(4) in section 116, by striking ‘, acting through the Office of Financial Research,’ each place it appears; andCommentsClose CommentsPermalink





(5) by striking section 118.CommentsClose CommentsPermalink





(c) Conforming Amendment to the Paperwork Reduction Act- Effective as of the date specified in section 1100H of the Dodd-Frank Wall Street Reform and Consumer Protection Act, section 1100D(a) of such Act is amended to read as follows:CommentsClose CommentsPermalink





‘(a) Designation as an Independent Agency- Section 3502(5) of subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act) is amended by inserting ‘the Bureau of Consumer Financial Protection,’ after ‘the Securities and Exchange Commission,’.’.CommentsClose CommentsPermalink





(d) Technical Amendments- The table of contents for the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended--CommentsClose CommentsPermalink





(1) by striking the item relating to section 118; andCommentsClose CommentsPermalink





(2) by striking the items relating to subtitle B of title I.CommentsClose CommentsPermalink

TITLE IV--COMMITTEE ON THE JUDICIARYCommentsClose CommentsPermalink

SEC. 401. SHORT TITLE.

This title may be cited as the ‘Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011’.CommentsClose CommentsPermalink

SEC. 402. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS.

The time for the commencement of a health care lawsuit shall be 3 years after the date of manifestation of injury or 1 year after the claimant discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. In no event shall the time for commencement of a health care lawsuit exceed 3 years after the date of manifestation of injury unless tolled for any of the following--CommentsClose CommentsPermalink





(1) upon proof of fraud;CommentsClose CommentsPermalink





(2) intentional concealment; orCommentsClose CommentsPermalink





(3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person.CommentsClose CommentsPermalink





Actions by a minor shall be commenced within 3 years from the date of the alleged manifestation of injury except that actions by a minor under the full age of 6 years shall be commenced within 3 years of manifestation of injury or prior to the minor’s 8th birthday, whichever provides a longer period. Such time limitation shall be tolled for minors for any period during which a parent or guardian and a health care provider or health care organization have committed fraud or collusion in the failure to bring an action on behalf of the injured minor.CommentsClose CommentsPermalink

SEC. 403. COMPENSATING PATIENT INJURY.

(a) Unlimited Amount of Damages for Actual Economic Losses in Health Care Lawsuits- In any health care lawsuit, nothing in this title shall limit a claimant’s recovery of the full amount of the available economic damages, notwithstanding the limitation in subsection (b).CommentsClose CommentsPermalink





(b) Additional Noneconomic Damages- In any health care lawsuit, the amount of noneconomic damages, if available, may be as much as $250,000, regardless of the number of parties against whom the action is brought or the number of separate claims or actions brought with respect to the same injury.CommentsClose CommentsPermalink





(c) No Discount of Award for Noneconomic Damages- For purposes of applying the limitation in subsection