H.R.3511 - Keeping Flood Insurance Affordable Act of 2013
To delay the implementation of certain provisions of the Biggert-Waters Flood Insurance Reform Act of 2012, and for other purposes.
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Mr. CAPUANO (for himself, Ms. WATERS, Mr. JONES, Mr. HINOJOSA, Mr. LYNCH, Mr. KEATING, and Mr. TIERNEY) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Rules, 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. DEFINITIONS.
(1) ADJUSTED BASE FLOOD ELEVATION- For purposes of rating a floodproofed covered structure, the term ‘adjusted base flood elevation’ means the base flood elevation for a covered structure on the applicable effective flood insurance rate map, plus 1 foot.CommentsClose CommentsPermalink
(3) AFFORDABILITY AUTHORITY BILL- The term ‘affordability authority bill’ means a non-amendable bill that if enacted would only grant the Administrator the authority necessary to promulgate regulations in accordance with the criteria set forth in section 3(d)(2).CommentsClose CommentsPermalink
(4) AFFORDABILITY STUDY- The term ‘affordability study’ means the study required under section 100236 of the Biggert-Waters Flood Insurance Reform Act of 2012 (
(5) APPLICABLE FLOOD PLAIN MANAGEMENT MEASURES- The term ‘applicable flood plain management measures’ means flood plain management measures adopted by a community under section 60.3(c) of title 44, Code of Federal Regulations.CommentsClose CommentsPermalink
(A) that is located in a community that has adopted flood plain management measures that are approved by the Federal Emergency Management Agency and that satisfy the requirements for an exception for floodproofed residential basements under section 60.6(c) of title 44, Code of Federal Regulations; andCommentsClose CommentsPermalink
(7) DRAFT AFFORDABILITY FRAMEWORK- The term ‘draft affordability framework’ means the draft programmatic and regulatory framework required to be prepared by the Administrator and submitted to Congress under section 3(d) addressing the issues of affordability of flood insurance sold under the National Flood Insurance Program, including issues identified in the affordability study.CommentsClose CommentsPermalink
(8) FLOODPROOFED ELEVATION- The term ‘floodproofed elevation’ means the height of floodproofing on a covered structure, as identified on the Residential Basement Floodproofing Certificate for the covered structure.CommentsClose CommentsPermalink
(9) NATIONAL FLOOD INSURANCE PROGRAM- The term ‘National Flood Insurance Program’ means the program established under the National Flood Insurance Act of 1968 (
SEC. 3. DELAYED IMPLEMENTATION OF FLOOD INSURANCE RATE INCREASES; DRAFT AFFORDABILITY FRAMEWORK.
(1) GRANDFATHERED PROPERTIES- Beginning on the date of enactment of this Act, the Administrator may not increase risk premium rates for flood insurance for any property located in an area subject to the premium adjustment required under section 1308(h) of the National Flood Insurance Act of 1968 (
(2) PRE-FIRM PROPERTIES- Beginning on the date of enactment of this Act, the Administrator may not reduce the risk premium rate subsidies for flood insurance for any property--CommentsClose CommentsPermalink
(B) described under 1307(g)(3) of the National Flood Insurance Act of 1968 (
(3) CERTAIN SUBSIDIZED RATE PROPERTIES- Beginning on the date of enactment of this Act, the Administrator may not reduce the risk premium rate subsidies for flood insurance for any property--CommentsClose CommentsPermalink
(A) described under section 1307(a)(2)(A) of the National Flood Insurance Act of 1968 (
(ii) notwithstanding section 1306(b) (
(B) the date on which any regulations proposed pursuant to the authority that the Administrator is granted in the affordability authority bill, if such bill is enacted, become final; orCommentsClose CommentsPermalink
(C) the date on which the Administrator certifies in writing to Congress that the Federal Emergency Management Agency has implemented a flood mapping approach that utilizes sound scientific and engineering methodologies to determine varying levels of flood risk in all areas participating in the National Flood Insurance Program.CommentsClose CommentsPermalink
(c) Treatment of Pre-FIRM Properties- Beginning on the date of enactment of this Act and ending upon the expiration of the 6-month period set forth under subsection (a)(3), the Administrator shall restore the risk premium rate subsidies for flood insurance estimated under section 1307(a)(2) of the National Flood Insurance Act of 1968 (
(1) IN GENERAL- The Administrator shall prepare a draft affordability framework that proposes to address, via programmatic and regulatory changes, the issues of affordability of flood insurance sold under the National Flood Insurance Program, including issues identified in the affordability study.CommentsClose CommentsPermalink
(3) DEADLINE FOR SUBMISSION- Not later than 18 months after the date on which the Administrator submits the affordability study, the Administrator shall submit to the full Committee on Banking, Housing, and Urban Affairs and the full Committee on Appropriations of the Senate and the full Committee on Financial Services and the full Committee on Appropriations of the House of Representatives the draft affordability framework.CommentsClose CommentsPermalink
(1) NO REFERRAL- Upon introduction in either House of Congress, an affordability authority bill shall not be referred to a committee and shall immediately be placed on the calendar.CommentsClose CommentsPermalink
(A) PROCEEDING TO CONSIDERATION- It shall be in order to move to proceed to consider the affordability authority bill in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to the affordability authority bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.CommentsClose CommentsPermalink
(B) CONSIDERATION- The affordability authority bill shall be considered as read. All points of order against the affordability authority bill and against its consideration are waived. The previous question shall be considered as ordered on the affordability authority bill to its passage without intervening motion except 10 hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the affordability authority bill shall not be in order.CommentsClose CommentsPermalink
(B) FLOOR CONSIDERATION- Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order, at any time beginning on the day after the 6th day after the date of introduction of an affordability authority bill (even if a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the affordability authority bill and all points of order against consideration of the affordability authority bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the affordability authority bill is agreed to, the affordability authority bill shall remain the unfinished business until disposed of.CommentsClose CommentsPermalink
(C) CONSIDERATION- All points of order against the affordability authority bill are waived. Consideration of the affordability authority bill and of all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate on the affordability authority bill is in order, and is not debatable.CommentsClose CommentsPermalink
(D) NO AMENDMENTS- An amendment to the affordability authority bill, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to commit or recommit the affordability authority bill, is not in order.CommentsClose CommentsPermalink
(E) VOTE ON PASSAGE- If the Senate has voted to proceed to the affordability authority bill, the vote on passage of the affordability authority bill shall occur immediately following the conclusion of consideration of the affordability authority bill, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate.CommentsClose CommentsPermalink
(ii) the procedure in the receiving House shall be the same as if no affordability authority bill had been received from the other House except that the vote on passage shall be on the affordability authority bill of the other House.CommentsClose CommentsPermalink
(A) TREATMENT OF AFFORDABILITY AUTHORITY BILL OF OTHER HOUSE- If the Senate fails to introduce or consider a affordability authority bill under this section, the affordability authority bill of the House shall be entitled to expedited floor procedures under this section.CommentsClose CommentsPermalink
(B) TREATMENT OF COMPANION MEASURES IN THE SENATE- If following passage of the affordability authority bill in the Senate, the Senate then receives the affordability authority bill from the House of Representatives, the House-passed affordability authority bill shall not be debatable.CommentsClose CommentsPermalink
(C) VETOES- If the President vetoes the affordability authority bill, debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees.CommentsClose CommentsPermalink
(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of an affordability authority bill, and it supersedes other rules only to the extent that it is inconsistent with such rules; andCommentsClose CommentsPermalink
(B) with full recognition of the constitutional right of either House to change its rules at any time, in the same manner, and to the same extent as in the case of any other rule of that House.CommentsClose CommentsPermalink
(g) Clear Communications- The Administrator shall clearly communicate full flood risk determinations to individual property owners regardless of whether their premium rates are full actuarial rates.CommentsClose CommentsPermalink
(h) Rule of Construction- Nothing in this section shall be construed to provide the Administrator with the authority to provide assistance to homeowners based on affordability that was not available prior to the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 (
SEC. 4. AFFORDABILITY STUDY AND REPORT.
Notwithstanding the deadline under section 100236(c) of the Biggert-Waters Flood Insurance Reform Act of 2012 (
SEC. 5. AFFORDABILITY STUDY FUNDING.
Section 100236(d) of the Biggert-Waters Flood Insurance Reform Act of 2012 (
SEC. 6. FUNDS TO REIMBURSE HOMEOWNERS FOR SUCCESSFUL MAP APPEALS.
(a) In General- Section 1363(f) of the National Flood Insurance Act of 1968 (
SEC. 7. FLOOD PROTECTION SYSTEMS.
(2) by amending the second sentence to read as follows: ‘The Administrator shall find that adequate progress on the construction or reconstruction of a flood protection system, based on the present value of the completed flood protection system, has been made only if (1) 100 percent of the cost of the system has been authorized, (2) at least 60 percent of the cost of the system has been appropriated, (3) at least 50 percent of the cost of the system has been expended, and (4) the system is at least 50 percent completed.’; andCommentsClose CommentsPermalink
(3) by adding at the end the following: ‘Notwithstanding any other provision of law, in determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, the Administrator shall consider all sources of funding, including Federal, State, and local funds.’.CommentsClose CommentsPermalink
(b) Communities Restoring Disaccredited Flood Protection Systems- Section 1307(f) of the National Flood Insurance Act of 1968 (
SEC. 8. TREATMENT OF FLOODPROOFED RESIDENTIAL BASEMENTS.
Notwithstanding the Biggert-Waters Flood Insurance Reform Act of 2012 (
SEC. 9. DESIGNATION OF FLOOD INSURANCE ADVOCATE.
(a) In General- The Administrator shall designate a Flood Insurance Advocate to advocate for the fair treatment of policy holders under the National Flood Insurance Program and property owners in the mapping of flood hazards, the identification of risks from flood, and the implementation of measures to minimize the risk of flood.CommentsClose CommentsPermalink
(2) assist policy holders under the National Flood Insurance Program and property owners to understand the procedural requirements related to appealing preliminary flood insurance rate maps and implementing measures to mitigate evolving flood risks;CommentsClose CommentsPermalink
(5) aid potential policy holders under the National Flood Insurance Program in obtaining and verifying accurate and reliable flood insurance rate information when purchasing or renewing a flood insurance policy.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the duties and responsibilities of the Flood Insurance Advocate.CommentsClose CommentsPermalink