H.R.435 - National Flood Insurance Program Termination Act of 2010
To terminate the National Flood Insurance Program and related mandatory purchase and compliance requirements, and for other purposes.
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Mrs. MILLER of Michigan introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. TERMINATION OF NATIONAL FLOOD INSURANCE PROGRAM.
(a) Termination of Authority To Provide Coverage- Effective at the end of December 31, 2013, the Administrator of the Federal Emergency Management Agency (in this section referred to as the ‘Administrator’) shall not provide any new flood insurance coverage, or renew any coverage provided before such date, under the National Flood Insurance Act of 1968 (
(1) affect any flood insurance coverage provided under such Act under a contract or agreement entered into before the date specified in such subsection and, notwithstanding the repeals under section 3, such provisions as in effect immediately before such repeal shall continue to apply with respect to flood insurance coverage in force after such repeal; orCommentsClose CommentsPermalink
(c) Wind-Up- After the date specified in subsection (a), the Administrator shall take such actions as may be necessary steps to wind up the affairs of the National Flood Insurance Program.CommentsClose CommentsPermalink
(d) Treatment of Funds- Amounts in the National Flood Insurance Fund established under section 1310 of the National Flood Insurance Act of 1968 (
(1) TREATMENT OF PRIOR DETERMINATIONS- The repeals made by section 3 of the provisions of law specified in such section shall not affect any order, determination, regulation, or contract that has been issued, made, or allowed to become effective under such provisions before the effective date of the repeal. All such orders, determinations, regulations, and contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by the President, the Administrator, or other authorized official, a court of competent jurisdiction, or by operation of law.CommentsClose CommentsPermalink
(A) EFFECT ON PENDING PROCEEDINGS- The repeals made by section 3 shall not affect any proceedings relating to the National Flood Insurance Program, including notices of proposed rulemaking, pending on the effective date of the repeals, before the Federal Emergency Management Agency, except that no assistance or flood insurance coverage may be provided pursuant to any application pending on such effective date. Such proceedings, to the extent that they relate to functions performed by the Administrator after such repeal, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Administrator, by a court of competent jurisdiction, or by operation of law.CommentsClose CommentsPermalink
(B) CONSTRUCTION- Nothing in this subsection may be construed to prohibit the discontinuance or modification of any proceeding described in subparagraph (A) under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted.CommentsClose CommentsPermalink
(3) ACTIONS- This section shall not affect suits commenced before the effective date of the repeals made by section 3, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this section had not been enacted.CommentsClose CommentsPermalink
(4) LIABILITIES INCURRED- No suit, action, or other proceeding commenced by or against an individual in the official capacity of such individual as an officer of the Federal Emergency Management Agency having any responsibility for the National Flood Insurance Program shall abate by reason of the enactment of this section. No cause of action relating to such Program, by or against the Federal Emergency Management Agency, or by or against any officer thereof in the official capacity of such officer having any responsibility for such program, shall abate by reason of the enactment of this section.CommentsClose CommentsPermalink
SEC. 3. REPEALS AND CONTINUATION OF FEMA MAPPING RESPONSIBILITIES.
(iii) in the last sentence, by striking ‘National Flood Insurance Fund, pursuant to section 1310(b)(6)’ and inserting the following: ‘General Fund of the Treasury and shall be used only for reducing the debt of the Federal Government’; andCommentsClose CommentsPermalink
(ii) by striking ‘and States and communities participating in the national flood insurance program pursuant to section 1310 and at cost to all other’ and inserting ‘, States and communities, and other interested’; andCommentsClose CommentsPermalink
(iii) in the he last sentence, by striking ‘National Flood Insurance Fund, pursuant to section 1310(b)(6)’ and inserting the following: ‘General Fund of the Treasury and shall be used only for reducing the debt of the Federal Government’;CommentsClose CommentsPermalink
(I) in the first sentence, by striking ‘the community identification number and community participation status (for purposes of the national flood insurance program) of the community in which the improved real estate or such property is located,’; andCommentsClose CommentsPermalink
(II) in the third sentence, by striking ‘because the building or mobile home is not located in a community that is participating in the national flood insurance program or’;CommentsClose CommentsPermalink
(A) in subsection (a), by striking ‘to carry out this title’ and all that follows through the end of paragraph (3) and inserting ‘to carry out the mapping, studies, investigations, and other responsibilities of the Director under this title’; andCommentsClose CommentsPermalink
‘(a) As information becomes available to the Director concerning the existence of flood hazards, the Director shall publish information in accordance with section 1360(a)(1) of the National Flood Insurance Act of 1968 and shall notify the chief executive officer of each known flood-prone community of its tentative identification as a community containing one or more areas having special flood hazards.’;CommentsClose CommentsPermalink
(B) in subsection (b), by striking ‘shall either (1) promptly make proper application to participate in the national flood insurance program or (2)’ and inserting ‘may’;CommentsClose CommentsPermalink
(c) Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004- Title II of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (
(d) National Flood Insurance Reform Act of 1994- The National Flood Insurance Reform Act of 1994 is amended by striking sections 561 (
SEC. 4. INTERSTATE COMPACTS FOR FLOOD INSURANCE COVERAGE.
(a) Congressional Consent- The consent of the Congress is hereby given to any two or more States to enter into agreement or compacts, not in conflict with any law of the United States, for making available to interested persons insurance coverage against loss resulting from physical damage to or loss of real property or personal property related thereto arising from any flood occurring in the United States.CommentsClose CommentsPermalink