[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5652 Placed on Calendar Senate (PCS)]
Calendar No. 398
112th CONGRESS
2d Session
H. R. 5652
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 14, 2012
Received and read the first time
May 15, 2012
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To provide for reconciliation pursuant to section 201 of the concurrent
resolution on the budget for fiscal year 2013.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sequester Replacement Reconciliation
Act of 2012''.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AGRICULTURE
Sec. 101. Short title.
Sec. 102. ARRA sunset at June 30, 2012.
Sec. 103. Categorical eligibility limited to cash assistance.
Sec. 104. Standard utility allowances based on the receipt of energy
assistance payments.
Sec. 105. Employment and training; workfare.
Sec. 106. End State bonus program for the supplemental nutrition
assistance program.
Sec. 107. Funding of employment and training programs.
Sec. 108. Turn off indexing for nutrition education and obesity
prevention.
Sec. 109. Extension of Authorization of Food and Nutrition Act of 2008.
Sec. 110. Effective dates and application of amendments.
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.
Sec. 202. Repealing Prevention and Public Health Fund.
Sec. 203. Rescinding unobligated balances for CO-OP program.
Subtitle B--Medicaid
Sec. 211. Revision of provider tax indirect guarantee threshold.
Sec. 212. Rebasing of State DSH allotments for fiscal year 2022.
Sec. 213. Repeal of Medicaid and CHIP maintenance of effort
requirements under PPACA.
Sec. 214. Medicaid payments to territories.
Sec. 215. Repealing bonus payments for enrollment under Medicaid and
CHIP.
TITLE III--FINANCIAL SERVICES
Sec. 301. Table of contents.
Subtitle A--Orderly Liquidation Fund
Sec. 311. Repeal of liquidation authority.
Subtitle B--Home Affordable Modification Program
Sec. 321. Short title.
Sec. 322. Congressional findings.
Sec. 323. Termination of authority.
Sec. 324. Sense of Congress.
Subtitle C--Bureau of Consumer Financial Protection
Sec. 331. Bringing the Bureau of Consumer Financial Protection into the
regular appropriations process.
Subtitle D--Flood Insurance Reform
Sec. 341. Short title.
Sec. 342. Extensions.
Sec. 343. Mandatory purchase.
Sec. 344. Reforms of coverage terms.
Sec. 345. Reforms of premium rates.
Sec. 346. Technical Mapping Advisory Council.
Sec. 347. FEMA incorporation of new mapping protocols.
Sec. 348. Treatment of levees.
Sec. 349. Privatization initiatives.
Sec. 350. FEMA annual report on insurance program.
Sec. 351. Mitigation assistance.
Sec. 352. Notification to homeowners regarding mandatory purchase
requirement applicability and rate phase-
ins.
Sec. 353. Notification to members of congress of flood map revisions
and updates.
Sec. 354. Notification and appeal of map changes; notification to
communities of establishment of flood
elevations.
Sec. 355. Notification to tenants of availability of contents
insurance.
Sec. 356. Notification to policy holders regarding direct management of
policy by FEMA.
Sec. 357. Notice of availability of flood insurance and escrow in RESPA
good faith estimate.
Sec. 358. Reimbursement for costs incurred by homeowners and
communities obtaining letters of map
amendment or revision.
Sec. 359. Enhanced communication with certain communities during map
updating process.
Sec. 360. Notification to residents newly included in flood hazard
areas.
Sec. 361. Treatment of swimming pool enclosures outside of hurricane
season.
Sec. 362. Information regarding multiple perils claims.
Sec. 363. FEMA authority to reject transfer of policies.
Sec. 364. Appeals.
Sec. 365. Reserve fund.
Sec. 366. CDBG eligibility for flood insurance outreach activities and
community building code administration
grants.
Sec. 367. Technical corrections.
Sec. 368. Requiring competition for national flood insurance program
policies.
Sec. 369. Studies of voluntary community-based flood insurance options.
Sec. 370. Report on inclusion of building codes in floodplain
management criteria.
Sec. 371. Study on graduated risk.
Sec. 372. Report on flood-in-progress determination.
Sec. 373. Study on repaying flood insurance debt.
Sec. 374. No cause of action.
Sec. 375. Authority for the corps of engineers to provide specialized
or technical services.
Subtitle E--Repeal of the Office of Financial Research
Sec. 381. Repeal of the Office of Financial Research.
TITLE IV--COMMITTEE ON THE JUDICIARY
Sec. 401. Short title.
Sec. 402. Encouraging speedy resolution of claims.
Sec. 403. Compensating patient injury.
Sec. 404. Maximizing patient recovery.
Sec. 405. Punitive damages.
Sec. 406. Authorization of payment of future damages to claimants in
health care lawsuits.
Sec. 407. Definitions.
Sec. 408. Effect on other laws.
Sec. 409. State flexibility and protection of States' rights.
Sec. 410. Applicability; effective date.
TITLE V--COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM
Sec. 501. Retirement contributions.
Sec. 502. Annuity supplement.
Sec. 503. Contributions to Thrift Savings Fund of payments for accrued
or accumulated leave.
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.
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.
Subtitle C--Human Resources Provisions
Sec. 621. Repeal of the program of block grants to States for social
services.
TITLE VII--SEQUESTER REPLACEMENT
Sec. 701. Short title.
Sec. 702. Protecting veterans programs from sequester.
Sec. 703. Achieving $19 billion in discretionary savings.
Sec. 704. Conforming amendments to section 314 of the Congressional
Budget and Impoundment Control Act of 1974.
Sec. 705. Treatment for PAYGO purposes.
Sec. 706. Elimination of the fiscal year 2013 sequestration for defense
direct spending.
TITLE I--AGRICULTURE
SEC. 101. SHORT TITLE.
This title may be cited as the ``Agricultural Reconciliation Act of
2012''.
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''.
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--
(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'', and
(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''.
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--
(1) in subsection (e)(6)(C) by striking clause (iv), and
(2) in subsection (k) by striking paragraph (4) and
inserting the following:
``(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.''.
(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--
(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))'', and
(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))''.
SEC. 105. EMPLOYMENT AND TRAINING; WORKFARE.
(a) Administrative Cost-sharing for Employment and Training
Programs.--
(1) In general.--Section 16 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2025) is amended--
(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, and
(B) in subsection (h)--
(i) by striking paragraphs (2) and (3), and
(ii) by redesignating paragraphs (4) and
(5) as paragraphs (2) and (3), respectively.
(2) Conforming amendments.--
(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)''.
(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)''.
(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).
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).
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.
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.''.
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''.
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.
(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.
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.
(a) In General.--Section 1311(a) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18031(a)) is repealed.
(b) Rescission of Unobligated Funds.--Of the funds made available
under such section 1311(a), the unobligated balance is rescinded.
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.
(b) Rescission of Unobligated Funds.--Of the funds made available
by such section 4002, the unobligated balance is rescinded.
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.
Subtitle B--Medicaid
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,''.
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--
(1) by redesignating paragraph (9) as paragraph (10);
(2) in paragraph (3)(A) by striking ``paragraphs (6), (7),
and (8)'' and inserting ``paragraphs (6), (7), (8), and (9)'';
and
(3) by inserting after paragraph (8) the following new
paragraph:
``(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).''.
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).
(b) Repeal of PPACA CHIP MOE.--Section 2105(d)(3) of the Social
Security Act (42 U.S.C. 1397ee(d)(3)) is amended--
(1) by striking subparagraph (A);
(2) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(3) in the paragraph heading, by striking ``Continuation of
eligibility standards for children until october 1, 2019'' and
inserting ``Continuity of coverage''.
(c) Conforming Amendments.--
(1) Section 1902(a) of the Social Security Act (42 U.S.C.
1396a(a)) is amended by striking paragraph (74).
(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).
(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.
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--
(1) in paragraph (2)--
(A) by striking ``paragraphs (3) and (5)''; and
(B) by inserting ``paragraph (3)'' after ``and
subject to'';
(2) in paragraph (4), by striking ``(3), and'' and all that
follows through ``of this subsection'' and inserting ``and (3)
of this subsection''; and
(3) by striking paragraph (5).
(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''.
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.
(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.
(c) Conforming Changes.--
(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).
(2) Outreach or coverage benchmarks.--Section 2111(b)(3) of
the Social Security Act (42 U.S.C. 1397kk(b)(3)) is amended--
(A) in subparagraph (A)--
(i) in clause (i), by inserting ``or''
after the semicolon at the end; and
(ii) by striking clause (ii); and
(B) by striking subparagraph (C).
TITLE III--FINANCIAL SERVICES
SEC. 301. TABLE OF CONTENTS.
The table of contents for this title is as follows:
TITLE III--FINANCIAL SERVICES
Sec. 301. Table of contents.
Subtitle A--Orderly Liquidation Fund
Sec. 311. Repeal of liquidation authority.
Subtitle B--Home Affordable Modification Program
Sec. 321. Short title.
Sec. 322. Congressional findings.
Sec. 323. Termination of authority.
Sec. 324. Sense of Congress.
Subtitle C--Bureau of Consumer Financial Protection
Sec. 331. Bringing the Bureau of Consumer Financial Protection into the
regular appropriations process.
Subtitle D--Flood Insurance Reform
Sec. 341. Short title.
Sec. 342. Extensions.
Sec. 343. Mandatory purchase.
Sec. 344. Reforms of coverage terms.
Sec. 345. Reforms of premium rates.
Sec. 346. Technical Mapping Advisory Council.
Sec. 347. FEMA incorporation of new mapping protocols.
Sec. 348. Treatment of levees.
Sec. 349. Privatization initiatives.
Sec. 350. FEMA annual report on insurance program.
Sec. 351. Mitigation assistance.
Sec. 352. Notification to homeowners regarding mandatory purchase
requirement applicability and rate phase-
ins.
Sec. 353. Notification to members of congress of flood map revisions
and updates.
Sec. 354. Notification and appeal of map changes; notification to
communities of establishment of flood
elevations.
Sec. 355. Notification to tenants of availability of contents
insurance.
Sec. 356. Notification to policy holders regarding direct management of
policy by FEMA.
Sec. 357. Notice of availability of flood insurance and escrow in RESPA
good faith estimate.
Sec. 358. Reimbursement for costs incurred by homeowners and
communities obtaining letters of map
amendment or revision.
Sec. 359. Enhanced communication with certain communities during map
updating process.
Sec. 360. Notification to residents newly included in flood hazard
areas.
Sec. 361. Treatment of swimming pool enclosures outside of hurricane
season.
Sec. 362. Information regarding multiple perils claims.
Sec. 363. FEMA authority to reject transfer of policies.
Sec. 364. Appeals.
Sec. 365. Reserve fund.
Sec. 366. CDBG eligibility for flood insurance outreach activities and
community building code administration
grants.
Sec. 367. Technical corrections.
Sec. 368. Requiring competition for national flood insurance program
policies.
Sec. 369. Studies of voluntary community-based flood insurance options.
Sec. 370. Report on inclusion of building codes in floodplain
management criteria.
Sec. 371. Study on graduated risk.
Sec. 372. Report on flood-in-progress determination.
Sec. 373. Study on repaying flood insurance debt.
Sec. 374. No cause of action.
Sec. 375. Authority for the corps of engineers to provide specialized
or technical services.
Subtitle E--Repeal of the Office of Financial Research
Sec. 381. Repeal of the Office of Financial Research.
Subtitle A--Orderly Liquidation Fund
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.
(b) Conforming Amendments.--
(1) Dodd-frank wall street reform and consumer protection
act.--The Dodd-Frank Wall Street Reform and Consumer Protection
Act is amended--
(A) in the table of contents for such Act, by
striking all items relating to title II;
(B) in section 165(d)(6), by striking ``, a
receiver appointed under title II,'';
(C) in section 716(g), by striking ``or a covered
financial company under title II'';
(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''; and
(E) in section 1106(c)(2), by amending subparagraph
(A) to read as follows:
``(A) require the company to file a petition for
bankruptcy under section 301 of title 11, United States
Code; or''.
(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''.
(3) Federal reserve act.--Section 13(3) of the Federal
Reserve Act is amended--
(A) in subparagraph (B)--
(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''; and
(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''; and
(B) by striking subparagraph (E).
Subtitle B--Home Affordable Modification Program
SEC. 321. SHORT TITLE.
This subtitle may be cited as the ``HAMP Termination Act of 2012''.
SEC. 322. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) According to the Department of the Treasury--
(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''; and
(B) as of February 2012, only 782,609 active
permanent mortgage modifications were made under HAMP.
(2) Many homeowners whose HAMP modifications were canceled
suffered because they made futile payments and some of those
homeowners were even forced into foreclosure.
(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''.
(4) Approximately $30 billion was obligated by the
Department of the Treasury to HAMP, however, approximately only
$2.54 billion has been disbursed.
(5) Terminating HAMP would save American taxpayers
approximately $2.84 billion, according to the Congressional
Budget Office.
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:
``(c) Termination of Authority To Provide New Assistance Under the
Home Affordable Modification Program.--
``(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.
``(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.
``(3) Deficit reduction.--
``(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.
``(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--
``(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; and
``(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.
``(4) Study of use of program by members of the armed
forces, veterans, and gold star recipients.--
``(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.
``(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.
``(C) Covered homeowner.--For purposes of this
subsection, the term `covered homeowner' means a
homeowner who is--
``(i) a member of the Armed Forces of the
United States on active duty or the spouse or
parent of such a member;
``(ii) a veteran, as such term is defined
in section 101 of title 38, United States Code;
or
``(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.
``(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.'.
``(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--
``(A) that such Program has been terminated;
``(B) that loan modifications under such Program
are no longer available;
``(C) of the name and contact information of such
individual's Member of Congress; and
``(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.''.
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.
Subtitle C--Bureau of Consumer Financial Protection
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--
(1) in subsection (a)--
(A) by amending the heading of such subsection to
read as follows: ``Budget, Financial Management, and
Audit.--'';
(B) by striking paragraphs (1), (2), and (3);
(C) by redesignating paragraphs (4) and (5) as
paragraphs (1) and (2), respectively; and
(D) by striking subparagraphs (E) and (F) of
paragraph (1), as so redesignated;
(2) by striking subsections (b), (c), and (d);
(3) by redesignating subsection (e) as subsection (b); and
(4) in subsection (b), as so redesignated--
(A) by striking paragraphs (1), (2), and (3) and
inserting the following:
``(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.''; and
(B) by redesignating paragraph (4) as paragraph
(2).
Subtitle D--Flood Insurance Reform
SEC. 341. SHORT TITLE.
This subtitle may be cited as the ``Flood Insurance Reform Act of
2012''.
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''.
(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''.
SEC. 343. MANDATORY PURCHASE.
(a) Authority To Temporarily Suspend Mandatory Purchase
Requirement.--
(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:
``(i) Authority To Temporarily Suspend Mandatory Purchase
Requirement.--
``(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.
``(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).
``(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:
``(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.
``(B) Areas with flood protection systems under
improvements.--The area was intended to be protected by
a flood protection system--
``(i) that has been decertified, or is
required to be certified, as providing
protection for the 100-year frequency flood
standard;
``(ii) that is being improved, constructed,
or reconstructed; and
``(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.
``(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.
``(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--
``(A) each such extension under this paragraph
shall not be for a period exceeding 12 months; and
``(B) for any area, the cumulative number of such
extensions may not exceed 2.
``(5) Additional extension for communities making more than
adequate progress on flood protection system.--
``(A) Extension.--
``(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.
``(ii) Limit.--For any eligible area, the
cumulative number of extensions under this
subparagraph may not exceed 2.
``(B) Exclusion for new mortgages.--
``(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.
``(ii) Excluded properties.--For purposes
of this subparagraph, the term `excluded
property' means any improved real estate or
mobile home--
``(I) that is located in an
eligible area; and
``(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--
``(aa) a loan that is
secured by the property is
originated; or
``(bb) any existing loan
that is secured by the property
is increased, extended, or
renewed.
``(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).
``(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.''.
(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).
(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--
(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.'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(5) and 6), respectively; and
(3) by inserting after paragraph (2) the following new
paragraphs:
``(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--
``(A) terminate the force-placed insurance; and
``(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.
``(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.''.
(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--
(1) in paragraph (1)--
(A) by striking ``lending institutions not to
make'' and inserting ``lending institutions--
``(A) not to make'';
(B) in subparagraph (A), as designated by
subparagraph (A) of this paragraph, by striking
``less.'' and inserting ``less; and''; and
(C) by adding at the end the following new
subparagraph:
``(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.'';
(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.'';
(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.''; and
(4) by adding at the end the following new paragraph:
``(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.''.
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--
(1) by striking ``The Director is'' and inserting the
following: ``(a) In General.--The Administrator is''; and
(2) by adding at the end the following:
``(b) Minimum Annual Deductibles.--
``(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.
``(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.''.
(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--
(1) in paragraph (2)--
(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''; and
(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''; and
(2) in paragraph (4)--
(A) by striking ``in the case of any nonresidential
property, including churches,'' and inserting ``in the
case of any nonresidential building, including a
church,''; and
(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''.
(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--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and'';
(3) by redesignating paragraph (5) as paragraph (7); and
(4) by adding at the end the following new paragraph:
``(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).''.
(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:
``(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--
``(A) purchase of such coverage shall be at the
option of the insured;
``(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); and
``(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--
``(i) a competitive private insurance
market for such coverage does not exist; and
``(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;
``(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--
``(A) purchase of such coverage shall be at the
option of the insured;
``(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); and
``(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--
``(i) a competitive private insurance
market for such coverage does not exist; and
``(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;''.
(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:
``(d) Payment of Premiums in Installments for Residential
Properties.--
``(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.
``(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.''.
(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.''.
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''.
(b) Phase-In of Rates for Certain Properties in Newly Mapped
Areas.--
(1) In general.--Section 1308 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4015) is amended--
(A) in subsection (a), in the matter preceding
paragraph (1), by inserting ``or notice'' after
``prescribe by regulation'';
(B) in subsection (c), by inserting ``and
subsection (g)'' before the first comma; and
(C) by adding at the end the following new
subsection:
``(g) 5-Year Phase-In of Flood Insurance Rates for Certain
Properties in Newly Mapped Areas.--
``(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).
``(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.
``(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--
``(A) for the first year of the 5-year period
referred to in paragraph (1), the greater of--
``(i) 20 percent of the chargeable risk
premium rate otherwise applicable under this
title to the property; and
``(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;
``(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;
``(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;
``(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; and
``(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.
``(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.''.
(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.
(c) Phase-In of Actuarial Rates for Certain Properties.--
(1) In general.--Section 1308(c) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4015(c)) is amended--
(A) by redesignating paragraph (2) as paragraph
(7); and
(B) by inserting after paragraph (1) the following
new paragraphs:
``(2) Commercial properties.--Any nonresidential property.
``(3) Second homes and vacation homes.--Any residential
property that is not the primary residence of any individual.
``(4) Homes sold to new owners.--Any single family property
that--
``(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; and
``(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.
``(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--
``(A) substantial flood damage exceeding 50 percent
of the fair market value of such property; or
``(B) substantial improvement exceeding 30 percent
of the fair market value of such property.
``(6) Homes with multiple claims.--Any severe repetitive
loss property (as such term is defined in section 1366(j)).''.
(2) Technical amendments.--Section 1308 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended--
(A) in subsection (c)--
(i) in the matter preceding paragraph (1),
by striking ``the limitations provided under
paragraphs (1) and (2)'' and inserting
``subsection (e)''; and
(ii) in paragraph (1), by striking ``,
except'' and all that follows through
``subsection (e)''; and
(B) in subsection (e), by striking ``paragraph (2)
or (3)'' and inserting ``paragraph (7)''.
(3) Effective date and transition.--
(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.
(B) Transition for properties covered by flood
insurance upon effective date.--
(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).
(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)).
(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.
(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.
(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--
(1) in subsection (e), by inserting ``or subsection (h)''
after ``subsection (c)''; and
(2) by adding at the end the following new subsection:
``(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.''.
(e) Recognition of State and Local Funding for Construction,
Reconstruction, and Improvement of Flood Protection Systems in
Determination of Rates.--
(1) In general.--Section 1307 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4014) is amended--
(A) in subsection (e)--
(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)''; and
(ii) in the second sentence--
(I) by striking ``construction of a
flood protection system'' and inserting
``construction, reconstruction, or
improvement of a flood protection
system''; and
(II) by inserting ``based on the
present value of the completed system''
after ``has been expended''; and
(B) in subsection (f)--
(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;
(ii) in the third sentence in the matter
preceding paragraph (1), by inserting ``,
whether coastal or riverine,'' after ``special
flood hazard''; and
(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''.
(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.
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'').
(b) Membership.--
(1) In general.--The Council shall consist of--
(A) the Administrator of the Federal Emergency
Management Agency (in this section referred to as the
``Administrator''), or the designee thereof;
(B) the Director of the United States Geological
Survey of the Department of the Interior, or the
designee thereof;
(C) the Under Secretary of Commerce for Oceans and
Atmosphere, or the designee thereof;
(D) the commanding officer of the United States
Army Corps of Engineers, or the designee thereof;
(E) the chief of the Natural Resources Conservation
Service of the Department of Agriculture, or the
designee thereof;
(F) the Director of the United States Fish and
Wildlife Service of the Department of the Interior, or
the designee thereof;
(G) the Assistant Administrator for Fisheries of
the National Oceanic and Atmospheric Administration of
the Department of Commerce, or the designee thereof;
and
(H) 14 additional members to be appointed by the
Administrator of the Federal Emergency Management
Agency, who shall be--
(i) an expert in data management;
(ii) an expert in real estate;
(iii) an expert in insurance;
(iv) a member of a recognized regional
flood and storm water management organization;
(v) a representative of a State emergency
management agency or association or
organization for such agencies;
(vi) a member of a recognized professional
surveying association or organization;
(vii) a member of a recognized professional
mapping association or organization;
(viii) a member of a recognized
professional engineering association or
organization;
(ix) a member of a recognized professional
association or organization representing flood
hazard determination firms;
(x) a representative of State national
flood insurance coordination offices;
(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; and
(xii) representatives of two State
governments designated by the Federal Emergency
Management Agency as Cooperating Technical
States.
(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.
(c) Duties.--
(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--
(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;
(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;
(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;
(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;
(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;
(F) consider whether to use vertical positioning
(as defined by the Administrator) for flood insurance
rate maps;
(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;
(H) ensure that flood insurance rate maps take into
consideration the best scientific data and potential
future conditions (including projections for sea level
rise); and
(I) consider how to incorporate the new standards
proposed pursuant to this paragraph in existing mapping
efforts.
(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.
(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.
(d) Prohibition on Compensation.--Members of the Council shall
receive no additional compensation by reason of their service on the
Council.
(e) Chairperson.--The Administrator shall serve as the Chairperson
of the Council.
(f) Staff.--
(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.
(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.
(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.
(h) Termination.--The Council shall terminate upon the expiration
of the 5-year period beginning on the date of the enactment of this
Act.
(i) Moratorium on Flood Map Changes.--
(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.
(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).
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.
(b) Requirements.--The new standards for flood insurance rate maps
established by the Administrator pursuant to subsection (a) shall--
(1) delineate and include in any such rate maps--
(A) all areas located within the 100-year flood
plain; and
(B) areas subject to graduated and other risk
levels, to the maximum extent possible;
(2) ensure that any such rate maps--
(A) include levees, including decertified levees,
and the level of protection they confer;
(B) reflect current land use and topography and
incorporate the most current and accurate ground level
data;
(C) take into consideration the impacts and use of
fill and the flood risks associated with altered
hydrology;
(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;
(E) identify and incorporate natural features and
their associated flood protection benefits into mapping
and rates; and
(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; and
(3) provide that such rate maps are developed on a
watershed basis.
(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.
(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.
(e) Temporary Suspension of Mandatory Purchase Requirement for
Certain Properties.--
(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.
(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.
(3) Determinations for properties on borders of special
flood hazard areas.--
(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.
(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.
(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.
(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).
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:
``(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.''.
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.
(b) Private Risk-Management Initiatives.--
(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.
(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.
(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).
(c) Reinsurance.--The National Flood Insurance Act of 1968 is
amended--
(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'';
(2) in section 1332(c)(2) (42 U.S.C. 4052(c)(2)), by
inserting ``or reinsurance'' after ``flood insurance
coverage'';
(3) in section 1335(a) (42 U.S.C. 4055(a))--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new
paragraph:
``(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.'';
(4) in section 1346(a) (12 U.S.C. 4082(a))--
(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'';
(B) in paragraph (1)--
(i) by striking ``estimating'' and
inserting ``Estimating''; and
(ii) by striking the semicolon at the end
and inserting a period;
(C) in paragraph (2)--
(i) by striking ``receiving'' and inserting
``Receiving''; and
(ii) by striking the semicolon at the end
and inserting a period;
(D) in paragraph (3)--
(i) by striking ``making'' and inserting
``Making''; and
(ii) by striking ``; and'' and inserting a
period;
(E) in paragraph (4)--
(i) by striking ``otherwise'' and inserting
``Otherwise''; and
(ii) by redesignating such paragraph as
paragraph (5); and
(F) by inserting after paragraph (3) the following
new paragraph:
``(4) Placing reinsurance coverage on insurance provided by
such program.''; and
(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''.
(d) Assessment of Claims-Paying Ability.--
(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.
(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.
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--
(1) in the section heading, by striking ``report to the
president'' and inserting ``annual report to congress'';
(2) in subsection (a)--
(A) by striking ``biennially'';
(B) by striking ``the President for submission
to''; and
(C) by inserting ``not later than June 30 of each
year'' before the period at the end;
(3) in subsection (b), by striking ``biennial'' and
inserting ``annual''; and
(4) by adding at the end the following new subsection:
``(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.''.
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--
(1) in subsection (a), by striking the last sentence and
inserting the following: ``Such financial assistance shall be
made available--
``(1) to States and communities in the form of grants under
this section for carrying out mitigation activities;
``(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; and
``(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.''.
(2) by striking subsection (b);
(3) in subsection (c)--
(A) by striking ``flood risk'' and inserting
``multi-hazard'';
(B) by striking ``provides protection against'' and
inserting ``examines reduction of''; and
(C) by redesignating such subsection as subsection
(b);
(4) by striking subsection (d);
(5) in subsection (e)--
(A) in paragraph (1), by striking the paragraph
designation and all that follows through the end of the
first sentence and inserting the following:
``(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).'';
(B) by striking paragraphs (2), (3), and (4) and
inserting the following new paragraphs:
``(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.
``(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--
``(A) severe repetitive loss structures;
``(B) repetitive loss structures; and
``(C) other subsets of structures as the
Administrator may establish.'';
(C) in paragraph (5)--
(i) by striking all of the matter that
precedes subparagraph (A) and inserting the
following:
``(4) Eligible activities.--Eligible activities may
include--'';
(ii) by striking subparagraphs (E) and (H);
(iii) by redesignating subparagraphs (D),
(F), and (G) as subparagraphs (E), (G), and
(H);
(iv) by inserting after subparagraph (C)
the following new subparagraph:
``(D) elevation, relocation, and floodproofing of
utilities (including equipment that serve
structures);'';
(v) by inserting after subparagraph (E), as
so redesignated by clause (iii) of this
subparagraph, the following new subparagraph:
``(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;'';
(vi) in subparagraph (H); as so
redesignated by clause (iii) of this
subparagraph, by striking ``and'' at the end;
and
(vii) by adding at the end the following
new subparagraphs:
``(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;
and
``(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.'';
(D) by adding at the end the following new
paragraph:
``(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.''; and
(E) by redesignating such subsection as subsection
(c);
(6) by striking subsections (f), (g), and (h) and inserting
the following new subsection:
``(d) Matching Requirement.--The Administrator may provide grants
for eligible mitigation activities as follows:
``(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.
``(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.
``(3) Other mitigation activities.--In the case of all
other mitigation activities, in an amount up to 75 percent of
all eligible costs.'';
(7) in subsection (i)--
(A) in paragraph (2)--
(i) by striking ``certified under
subsection (g)'' and inserting ``required under
subsection (d)''; and
(ii) by striking ``3 times the amount'' and
inserting ``the amount''; and
(B) by redesignating such subsection as subsection
(e);
(8) in subsection (j)--
(A) by striking ``Riegle Community Development and
Regulatory Improvement Act of 1994'' and inserting
``Flood Insurance Reform Act of 2012'';
(B) by redesignating such subsection as subsection
(f); and
(9) by striking subsections (k) and (m) and inserting the
following new subsections:
``(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.
``(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.
``(i) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Community.--The term `community' means--
``(A) a political subdivision that--
``(i) has zoning and building code
jurisdiction over a particular area having
special flood hazards, and
``(ii) is participating in the national
flood insurance program; or
``(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.
``(2) Repetitive loss structure.--The term `repetitive loss
structure' has the meaning given such term in section 1370.
``(3) Severe repetitive loss structure.--The term `severe
repetitive loss structure' means a structure that--
``(A) is covered under a contract for flood
insurance made available under this title; and
``(B) has incurred flood-related damage--
``(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; or
``(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.''.
(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).
(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).
(d) National Flood Insurance Fund.--Section 1310(a) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is amended--
(1) in paragraph (7), by inserting ``and'' after the
semicolon; and
(2) by striking paragraphs (8) and (9).
(e) National Flood Mitigation Fund.--Section 1367 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104d) is amended--
(1) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following new paragraph:
``(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--
``(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);
``(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); and
``(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).''.
(B) in paragraph (3), by striking ``section
1366(i)'' and inserting ``section 1366(e)'';
(2) in subsection (c), by striking ``sections 1366 and
1323'' and inserting ``section 1366'';
(3) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(4) by inserting after subsection (c) the following new
subsections:
``(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.
``(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.''.
(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--
(1) by striking subparagraph (B); and
(2) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (B), (C), and (D), respectively.
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:
``(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--
``(1) that they reside in such an area;
``(2) of the geographical boundaries of such area;
``(3) of whether section 1308(g) of the National Flood
Insurance Act of 1968 applies to properties within such area;
``(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);
and
``(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.''.
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:
``(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.''.
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:
``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--
``(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;
``(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;
``(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;
``(4) by providing written notification, by first class
mail, to each owner of real property affected by the proposed
elevations of--
``(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;
``(B) the process under this section to appeal a
flood elevation determination; and
``(C) the mailing address and phone number of a
person the owner may contact for more information or to
initiate an appeal; and''.
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:
``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--
``(1) provide to the insured sufficient copies of the
notice developed pursuant to subsection (b); and
``(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.
``(b) Notice.--Notice to a tenant of a property in accordance with
this subsection is written notice that clearly informs a tenant--
``(1) whether the property is located in an area having
special flood hazards;
``(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;
``(3) of the maximum amount of such coverage for contents
available under this title at that time; and
``(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.''.
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:
``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--
``(1) the Federal Emergency Management Agency is directly
administering the policy;
``(2) such holder may purchase flood insurance that is
directly administered by an insurance company; and
``(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.
``(b) Definition.--In this section, the term `transferred flood
insurance policy' means a flood insurance policy that--
``(1) was directly administered by an insurance company at
the time the policy was originally purchased by the policy
holder; and
``(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.''.
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.''.
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:
``(m) Reimbursement.--
``(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.
``(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.''.
(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.
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:
``(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.''.
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:
``(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).''.
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:
``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.''.
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:
``(d) Information Regarding Multiple Perils Claims.--
``(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--
``(A) a copy of the estimate of structure damage;
``(B) proofs of loss;
``(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; and
``(D) the Administrator's or the participating
company's final determination on the claim.
``(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.''.
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:
``(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.''.
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--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(5) by notifying a local television and radio station,'';
and
(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''.
(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--
(1) by striking ``(b) The Director'' and inserting ``(b)(1)
The Administrator''; and
(2) by adding at the end the following new paragraph:
``(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--
``(A) believes there are property owners or lessees in the
community who are unaware of such period for appeals; and
``(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.''.
(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.
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:
``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--
``(1) be an account separate from any other accounts or
funds available to the Administrator; and
``(2) be available for meeting the expected future
obligations of the flood insurance program.
``(b) Reserve Ratio.--Subject to the phase-in requirements under
subsection (d), the Reserve Fund shall maintain a balance equal to--
``(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; or
``(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.
``(c) Maintenance of Reserve Ratio.--
``(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--
``(A) to maintain the reserve ratio required under
subsection (b); and
``(B) to achieve such reserve ratio, if the actual
balance of such reserve is below the amount required
under subsection (b).
``(2) Considerations.--In exercising the authority under
paragraph (1), the Administrator shall consider--
``(A) the expected operating expenses of the
Reserve Fund;
``(B) the insurance loss expenditures under the
flood insurance program;
``(C) any investment income generated under the
flood insurance program; and
``(D) any other factor that the Administrator
determines appropriate.
``(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.
``(d) Phase-in Requirements.--The phase-in requirements under this
subsection are as follows:
``(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).
``(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.
``(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).
``(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--
``(1) describes and details the specific concerns of the
Administrator regarding such consequences;
``(2) demonstrates how such consequences would harm the
long-term financial soundness of the flood insurance program;
and
``(3) indicates the maximum attainable reserve ratio for
that particular fiscal year.
``(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).''.
(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:
``(10) for transfers to the National Flood Insurance
Reserve Fund under section 1310A, in accordance with such
section.''.
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--
(1) in paragraph (24), by striking ``and'' at the end;
(2) in paragraph (25), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(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--
``(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--
``(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;
``(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; and
``(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,
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; and
``(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;
and
``(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--
``(A) amounts used as provided under this paragraph
shall be used only for activities designed to--
``(i) identify owners and renters of
properties in communities that participate in
the national flood insurance program, including
owners of residential and commercial
properties;
``(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;
``(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;
``(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;
``(v) encourage such owners and renters to
maintain or acquire such coverage;
``(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; and
``(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;
``(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;
``(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; and
``(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.''.
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--
(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''; and
(2) in section 201(b) (42 U.S.C. 4105(b)), by striking
``Director's'' and inserting ``Administrator's''.
(b) National Flood Insurance Act of 1968.--The National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is amended--
(1) by striking ``Director'' each place such term appears
and inserting ``Administrator''; and
(2) in section 1363 (42 U.S.C. 4104), by striking
``Director's'' each place such term appears and inserting
``Administrator's''.
(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''.
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.
(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.
(c) Continuation of Current Agent Relationships.--In carrying out
subsection (b), the Administrator shall ensure that--
(1) agents selling or servicing policies described in such
subsection are not prevented from continuing to sell or service
such policies; and
(2) insurance companies are not prevented from waiving any
limitation such companies could otherwise enforce to limit any
such activity.
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.
(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.
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--
(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;
(2) the resources required of State and local communities
to administer and enforce such a building code requirement;
(3) the effectiveness of such a building code requirement
in reducing flood-related damage to buildings and contents;
(4) the impact of such a building code requirement on the
actuarial soundness of the National Flood Insurance Program;
(5) the effectiveness of nationally recognized codes in
allowing innovative materials and systems for flood-resistant
construction;
(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;
(7) the impact of such a building code requirement on rural
communities with different building code challenges than more
urban environments; and
(8) the impact of such a building code requirement on
Indian reservations.
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--
(1) research, review, and recommend current best practices
for estimating direct annualized flood losses behind levees for
residential and commercial structures;
(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;
(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;
(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;
(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);
(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; and
(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.
(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.
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.
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)).
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.
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.).
(b) Requirements.--A levee system evaluation under subsection (a)
shall--
(1) comply with applicable regulations related to areas
protected by a levee system;
(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; and
(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.
Subtitle E--Repeal of the Office of Financial Research
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.
(b) Conforming Amendments to the Dodd-Frank Act.--The Dodd-Frank
Wall Street Reform and Consumer Protection Act is amended--
(1) in section 102(a), by striking paragraph (5);
(2) in section 111--
(A) in subsection (b)(2)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B),
(C), (D), and (E) as subparagraphs (A), (B),
(C), and (D), respectively;
(B) in subsection (c)(1), by striking
``subparagraphs (C), (D), and (E)'' and inserting
``subparagraphs (B), (C), and (D)'';
(3) in section 112--
(A) in subsection (a)(2)--
(i) in subparagraph (A), by striking
``direct the Office of Financial Research to'';
(ii) by striking subparagraph (B); and
(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; and
(B) in subsection (d)--
(i) in paragraph (1), by striking ``the
Office of Financial Research, member agencies,
and'' and inserting ``member agencies and'';
(ii) in paragraph (2), by striking ``the
Office of Financial Research, any member
agency, and'' and inserting ``any member agency
and'';
(iii) in paragraph (3)--
(I) by striking ``, acting through
the Office of Financial Research,''
each place it appears; and
(II) in subparagraph (B), by
striking ``the Office of Financial
Research or''; and
(iv) in paragraph (5)(A), by striking ``,
the Office of Financial Research,'';
(4) in section 116, by striking ``, acting through the
Office of Financial Research,'' each place it appears; and
(5) by striking section 118.
(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:
``(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,'.''.
(d) Technical Amendments.--The table of contents for the Dodd-Frank
Wall Street Reform and Consumer Protection Act is amended--
(1) by striking the item relating to section 118; and
(2) by striking the items relating to subtitle B of title
I.
TITLE IV--COMMITTEE ON THE JUDICIARY
SEC. 401. SHORT TITLE.
This title may be cited as the ``Help Efficient, Accessible, Low-
cost, Timely Healthcare (HEALTH) Act of 2011''.
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--
(1) upon proof of fraud;
(2) intentional concealment; or
(3) the presence of a foreign body, which has no
therapeutic or diagnostic purpose or effect, in the person of
the injured person.
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.
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).
(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.
(c) No Discount of Award for Noneconomic Damages.--For purposes of
applying the limitation in subsection (b), future noneconomic damages
shall not be discounted to present value. The jury shall not be
informed about the maximum award for noneconomic damages. An award for
noneconomic damages in excess of $250,000 shall be reduced either
before the entry of judgment, or by amendment of the judgment after
entry of judgment, and such reduction shall be made before accounting
for any other reduction in damages required by law. If separate awards
are rendered for past and future noneconomic damages and the combined
awards exceed $250,000, the future noneconomic damages shall be reduced
first.
(d) Fair Share Rule.--In any health care lawsuit, each party shall
be liable for that party's several share of any damages only and not
for the share of any other person. Each party shall be liable only for
the amount of damages allocated to such party in direct proportion to
such party's percentage of responsibility. Whenever a judgment of
liability is rendered as to any party, a separate judgment shall be
rendered against each such party for the amount allocated to such
party. For purposes of this section, the trier of fact shall determine
the proportion of responsibility of each party for the claimant's harm.
SEC. 404. MAXIMIZING PATIENT RECOVERY.
(a) Court Supervision of Share of Damages Actually Paid to
Claimants.--In any health care lawsuit, the court shall supervise the
arrangements for payment of damages to protect against conflicts of
interest that may have the effect of reducing the amount of damages
awarded that are actually paid to claimants. In particular, in any
health care lawsuit in which the attorney for a party claims a
financial stake in the outcome by virtue of a contingent fee, the court
shall have the power to restrict the payment of a claimant's damage
recovery to such attorney, and to redirect such damages to the claimant
based upon the interests of justice and principles of equity. In no
event shall the total of all contingent fees for representing all
claimants in a health care lawsuit exceed the following limits:
(1) Forty percent of the first $50,000 recovered by the
claimant(s).
(2) Thirty-three and one-third percent of the next $50,000
recovered by the claimant(s).
(3) Twenty-five percent of the next $500,000 recovered by
the claimant(s).
(4) Fifteen percent of any amount by which the recovery by
the claimant(s) is in excess of $600,000.
(b) Applicability.--The limitations in this section shall apply
whether the recovery is by judgment, settlement, mediation,
arbitration, or any other form of alternative dispute resolution. In a
health care lawsuit involving a minor or incompetent person, a court
retains the authority to authorize or approve a fee that is less than
the maximum permitted under this section. The requirement for court
supervision in the first two sentences of subsection (a) applies only
in civil actions.
SEC. 405. PUNITIVE DAMAGES.
(a) In General.--Punitive damages may, if otherwise permitted by
applicable State or Federal law, be awarded against any person in a
health care lawsuit only if it is proven by clear and convincing
evidence that such person acted with malicious intent to injure the
claimant, or that such person deliberately failed to avoid unnecessary
injury that such person knew the claimant was substantially certain to
suffer. In any health care lawsuit where no judgment for compensatory
damages is rendered against such person, no punitive damages may be
awarded with respect to the claim in such lawsuit. No demand for
punitive damages shall be included in a health care lawsuit as
initially filed. A court may allow a claimant to file an amended
pleading for punitive damages only upon a motion by the claimant and
after a finding by the court, upon review of supporting and opposing
affidavits or after a hearing, after weighing the evidence, that the
claimant has established by a substantial probability that the claimant
will prevail on the claim for punitive damages. At the request of any
party in a health care lawsuit, the trier of fact shall consider in a
separate proceeding--
(1) whether punitive damages are to be awarded and the
amount of such award; and
(2) the amount of punitive damages following a
determination of punitive liability.
If a separate proceeding is requested, evidence relevant only to the
claim for punitive damages, as determined by applicable State law,
shall be inadmissible in any proceeding to determine whether
compensatory damages are to be awarded.
(b) Determining Amount of Punitive Damages.--
(1) Factors considered.--In determining the amount of
punitive damages, if awarded, in a health care lawsuit, the
trier of fact shall consider only the following--
(A) the severity of the harm caused by the conduct
of such party;
(B) the duration of the conduct or any concealment
of it by such party;
(C) the profitability of the conduct to such party;
(D) the number of products sold or medical
procedures rendered for compensation, as the case may
be, by such party, of the kind causing the harm
complained of by the claimant;
(E) any criminal penalties imposed on such party,
as a result of the conduct complained of by the
claimant; and
(F) the amount of any civil fines assessed against
such party as a result of the conduct complained of by
the claimant.
(2) Maximum award.--The amount of punitive damages, if
awarded, in a health care lawsuit may be as much as $250,000 or
as much as two times the amount of economic damages awarded,
whichever is greater. The jury shall not be informed of this
limitation.
(c) No Punitive Damages for Products That Comply With FDA
Standards.--
(1) In general.--
(A) No punitive damages may be awarded against the
manufacturer or distributor of a medical product, or a
supplier of any component or raw material of such
medical product, based on a claim that such product
caused the claimant's harm where--
(i)(I) such medical product was subject to
premarket approval, clearance, or licensure by
the Food and Drug Administration with respect
to the safety of the formulation or performance
of the aspect of such medical product which
caused the claimant's harm or the adequacy of
the packaging or labeling of such medical
product; and
(II) such medical product was so approved,
cleared, or licensed; or
(ii) such medical product is generally
recognized among qualified experts as safe and
effective pursuant to conditions established by
the Food and Drug Administration and applicable
Food and Drug Administration regulations,
including without limitation those related to
packaging and labeling, unless the Food and
Drug Administration has determined that such
medical product was not manufactured or
distributed in substantial compliance with
applicable Food and Drug Administration
statutes and regulations.
(B) Rule of construction.--Subparagraph (A) may not
be construed as establishing the obligation of the Food
and Drug Administration to demonstrate affirmatively
that a manufacturer, distributor, or supplier referred
to in such subparagraph meets any of the conditions
described in such subparagraph.
(2) Liability of health care providers.--A health care
provider who prescribes, or who dispenses pursuant to a
prescription, a medical product approved, licensed, or cleared
by the Food and Drug Administration shall not be named as a
party to a product liability lawsuit involving such product and
shall not be liable to a claimant in a class action lawsuit
against the manufacturer, distributor, or seller of such
product. Nothing in this paragraph prevents a court from
consolidating cases involving health care providers and cases
involving products liability claims against the manufacturer,
distributor, or product seller of such medical product.
(3) Packaging.--In a health care lawsuit for harm which is
alleged to relate to the adequacy of the packaging or labeling
of a drug which is required to have tamper-resistant packaging
under regulations of the Secretary of Health and Human Services
(including labeling regulations related to such packaging), the
manufacturer or product seller of the drug shall not be held
liable for punitive damages unless such packaging or labeling
is found by the trier of fact by clear and convincing evidence
to be substantially out of compliance with such regulations.
(4) Exception.--Paragraph (1) shall not apply in any health
care lawsuit in which--
(A) a person, before or after premarket approval,
clearance, or licensure of such medical product,
knowingly misrepresented to or withheld from the Food
and Drug Administration information that is required to
be submitted under the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.) or section 351 of the
Public Health Service Act (42 U.S.C. 262) that is
material and is causally related to the harm which the
claimant allegedly suffered
(B) a person made an illegal payment to an official
of the Food and Drug Administration for the purpose of
either securing or maintaining approval, clearance, or
licensure of such medical product; or
(C) the defendant caused the medical product which
caused the claimant's harm to be misbranded or
adulterated (as such terms are used in chapter V of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et
seq.)).
SEC. 406. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO CLAIMANTS IN
HEALTH CARE LAWSUITS.
(a) In General.--In any health care lawsuit, if an award of future
damages, without reduction to present value, equaling or exceeding
$50,000 is made against a party with sufficient insurance or other
assets to fund a periodic payment of such a judgment, the court shall,
at the request of any party, enter a judgment ordering that the future
damages be paid by periodic payments, in accordance with the Uniform
Periodic Payment of Judgments Act promulgated by the National
Conference of Commissioners on Uniform State Laws.
(b) Applicability.--This section applies to all actions which have
not been first set for trial or retrial before the effective date of
this title.
SEC. 407. DEFINITIONS.
In this title:
(1) Alternative dispute resolution system; adr.--The term
``alternative dispute resolution system'' or ``ADR'' means a
system that provides for the resolution of health care lawsuits
in a manner other than through a civil action brought in a
State or Federal court.
(2) Claimant.--The term ``claimant'' means any person who
brings a health care lawsuit, including a person who asserts or
claims a right to legal or equitable contribution, indemnity,
or subrogation, arising out of a health care liability claim or
action, and any person on whose behalf such a claim is asserted
or such an action is brought, whether deceased, incompetent, or
a minor.
(3) Compensatory damages.--The term ``compensatory
damages'' means objectively verifiable monetary losses incurred
as a result of the provision of, use of, or payment for (or
failure to provide, use, or pay for) health care services or
medical products, such as past and future medical expenses,
loss of past and future earnings, cost of obtaining domestic
services, loss of employment, and loss of business or
employment opportunities, damages for physical and emotional
pain, suffering, inconvenience, physical impairment, mental
anguish, disfigurement, loss of enjoyment of life, loss of
society and companionship, loss of consortium (other than loss
of domestic service), hedonic damages, injury to reputation,
and all other nonpecuniary losses of any kind or nature. The
term ``compensatory damages'' includes economic damages and
noneconomic damages, as such terms are defined in this section.
(4) Contingent fee.--The term ``contingent fee'' includes
all compensation to any person or persons which is payable only
if a recovery is effected on behalf of one or more claimants.
(5) Economic damages.--The term ``economic damages'' means
objectively verifiable monetary losses incurred as a result of
the provision of, use of, or payment for (or failure to
provide, use, or pay for) health care services or medical
products, such as past and future medical expenses, loss of
past and future earnings, cost of obtaining domestic services,
loss of employment, and loss of business or employment
opportunities.
(6) Health care lawsuit.--The term ``health care lawsuit''
means any health care liability claim concerning the provision
of health care goods or services or any medical product
affecting interstate commerce, or any health care liability
action concerning the provision of health care goods or
services or any medical product affecting interstate commerce,
brought in a State or Federal court or pursuant to an
alternative dispute resolution system, against a health care
provider, a health care organization, or the manufacturer,
distributor, supplier, marketer, promoter, or seller of a
medical product, regardless of the theory of liability on which
the claim is based, or the number of claimants, plaintiffs,
defendants, or other parties, or the number of claims or causes
of action, in which the claimant alleges a health care
liability claim. Such term does not include a claim or action
which is based on criminal liability; which seeks civil fines
or penalties paid to Federal, State, or local government; or
which is grounded in antitrust.
(7) Health care liability action.--The term ``health care
liability action'' means a civil action brought in a State or
Federal court or pursuant to an alternative dispute resolution
system, against a health care provider, a health care
organization, or the manufacturer, distributor, supplier,
marketer, promoter, or seller of a medical product, regardless
of the theory of liability on which the claim is based, or the
number of plaintiffs, defendants, or other parties, or the
number of causes of action, in which the claimant alleges a
health care liability claim.
(8) Health care liability claim.--The term ``health care
liability claim'' means a demand by any person, whether or not
pursuant to ADR, against a health care provider, health care
organization, or the manufacturer, distributor, supplier,
marketer, promoter, or seller of a medical product, including,
but not limited to, third-party claims, cross-claims, counter-
claims, or contribution claims, which are based upon the
provision of, use of, or payment for (or the failure to
provide, use, or pay for) health care services or medical
products, regardless of the theory of liability on which the
claim is based, or the number of plaintiffs, defendants, or
other parties, or the number of causes of action.
(9) Health care organization.--The term ``health care
organization'' means any person or entity which is obligated to
provide or pay for health benefits under any health plan,
including any person or entity acting under a contract or
arrangement with a health care organization to provide or
administer any health benefit.
(10) Health care provider.--The term ``health care
provider'' means any person or entity required by State or
Federal laws or regulations to be licensed, registered, or
certified to provide health care services, and being either so
licensed, registered, or certified, or exempted from such
requirement by other statute or regulation.
(11) Health care goods or services.--The term ``health care
goods or services'' means any goods or services provided by a
health care organization, provider, or by any individual
working under the supervision of a health care provider, that
relates to the diagnosis, prevention, or treatment of any human
disease or impairment, or the assessment or care of the health
of human beings.
(12) Malicious intent to injure.--The term ``malicious
intent to injure'' means intentionally causing or attempting to
cause physical injury other than providing health care goods or
services.
(13) Medical product.--The term ``medical product'' means a
drug, device, or biological product intended for humans, and
the terms ``drug'', ``device'', and ``biological product'' have
the meanings given such terms in sections 201(g)(1) and 201(h)
of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 321(g)(1)
and (h)) and section 351(a) of the Public Health Service Act
(42 U.S.C. 262(a)), respectively, including any component or
raw material used therein, but excluding health care services.
(14) Noneconomic damages.--The term ``noneconomic damages''
means damages for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of domestic
service), hedonic damages, injury to reputation, and all other
nonpecuniary losses of any kind or nature.
(15) Punitive damages.--The term ``punitive damages'' means
damages awarded, for the purpose of punishment or deterrence,
and not solely for compensatory purposes, against a health care
provider, health care organization, or a manufacturer,
distributor, or supplier of a medical product. Punitive damages
are neither economic nor noneconomic damages.
(16) Recovery.--The term ``recovery'' means the net sum
recovered after deducting any disbursements or costs incurred
in connection with prosecution or settlement of the claim,
including all costs paid or advanced by any person. Costs of
health care incurred by the plaintiff and the attorneys' office
overhead costs or charges for legal services are not deductible
disbursements or costs for such purpose.
(17) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, the Trust Territory of the Pacific Islands,
and any other territory or possession of the United States, or
any political subdivision thereof.
SEC. 408. EFFECT ON OTHER LAWS.
(a) Vaccine Injury.--
(1) To the extent that title XXI of the Public Health
Service Act establishes a Federal rule of law applicable to a
civil action brought for a vaccine-related injury or death--
(A) this title does not affect the application of
the rule of law to such an action; and
(B) any rule of law prescribed by this title in
conflict with a rule of law of such title XXI shall not
apply to such action.
(2) If there is an aspect of a civil action brought for a
vaccine-related injury or death to which a Federal rule of law
under title XXI of the Public Health Service Act does not
apply, then this title or otherwise applicable law (as
determined under this title) will apply to such aspect of such
action.
(b) Other Federal Law.--Except as provided in this section, nothing
in this title shall be deemed to affect any defense available to a
defendant in a health care lawsuit or action under any other provision
of Federal law.
SEC. 409. STATE FLEXIBILITY AND PROTECTION OF STATES' RIGHTS.
(a) Health Care Lawsuits.--The provisions governing health care
lawsuits set forth in this title preempt, subject to subsections (b)
and (c), State law to the extent that State law prevents the
application of any provisions of law established by or under this
title. The provisions governing health care lawsuits set forth in this
title supersede chapter 171 of title 28, United States Code, to the
extent that such chapter--
(1) provides for a greater amount of damages or contingent
fees, a longer period in which a health care lawsuit may be
commenced, or a reduced applicability or scope of periodic
payment of future damages, than provided in this title; or
(2) prohibits the introduction of evidence regarding
collateral source benefits, or mandates or permits subrogation
or a lien on collateral source benefits.
(b) Protection of States' Rights and Other Laws.--(1) Any issue
that is not governed by any provision of law established by or under
this title (including State standards of negligence) shall be governed
by otherwise applicable State or Federal law.
(2) This title shall not preempt or supersede any State or Federal
law that imposes greater procedural or substantive protections for
health care providers and health care organizations from liability,
loss, or damages than those provided by this title or create a cause of
action.
(c) State Flexibility.--No provision of this title shall be
construed to preempt--
(1) any State law (whether effective before, on, or after
the date of the enactment of this Act) that specifies a
particular monetary amount of compensatory or punitive damages
(or the total amount of damages) that may be awarded in a
health care lawsuit, regardless of whether such monetary amount
is greater or lesser than is provided for under this title,
notwithstanding section 303(a); or
(2) any defense available to a party in a health care
lawsuit under any other provision of State or Federal law.
SEC. 410. APPLICABILITY; EFFECTIVE DATE.
This title shall apply to any health care lawsuit brought in a
Federal or State court, or subject to an alternative dispute resolution
system, that is initiated on or after the date of the enactment of this
Act, except that any health care lawsuit arising from an injury
occurring prior to the date of the enactment of this Act shall be
governed by the applicable statute of limitations provisions in effect
at the time the injury occurred.
TITLE V--COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM
SEC. 501. RETIREMENT CONTRIBUTIONS.
(a) Civil Service Retirement System.--
(1) Individual contributions.--Section 8334(c) of title 5,
United States Code, is amended--
(A) by striking ``(c) Each'' and inserting ``(c)(1)
Each''; and
(B) by adding at the end the following:
``(2) Notwithstanding any other provision of this subsection, the
applicable percentage of basic pay under this subsection shall--
``(A) except as provided in subparagraph (B) or (C), for
purposes of computing an amount--
``(i) for a period in calendar year 2013, be equal
to the applicable percentage under this subsection for
calendar year 2012, plus an additional 1.5 percentage
points;
``(ii) for a period in calendar year 2014, be equal
to the applicable percentage under this subsection for
calendar year 2013 (as determined under clause (i)),
plus an additional 0.5 percentage point;
``(iii) for a period in calendar year 2015, 2016,
or 2017, be equal to the applicable percentage under
this subsection for the preceding calendar year (as
determined under clause (ii) or this clause, as the
case may be), plus an additional 1.0 percentage point;
and
``(iv) for a period in any calendar year after
2017, be equal to the applicable percentage under this
subsection for calendar year 2017 (as determined under
clause (iii));
``(B) for purposes of computing an amount with respect to a
Member for Member service--
``(i) for a period in calendar year 2013, be equal
to the applicable percentage under this subsection for
calendar year 2012, plus an additional 2.5 percentage
points;
``(ii) for a period in calendar year 2014, 2015,
2016, or 2017, be equal to the applicable percentage
under this subsection for the preceding calendar year
(as determined under clause (i) or this clause, as the
case may be), plus an additional 1.5 percentage points;
and
``(iii) for a period in any calendar year after
2017, be equal to the applicable percentage under this
subsection for calendar year 2017 (as determined under
clause (ii)); and
``(C) for purposes of computing an amount with respect to a
Member or employee for Congressional employee service--
``(i) for a period in calendar year 2013, be equal
to the applicable percentage under this subsection for
calendar year 2012, plus an additional 2.5 percentage
points;
``(ii) for a period in calendar year 2014, 2015,
2016, or 2017, be equal to the applicable percentage
under this subsection for the preceding calendar year
(as determined under clause (i) or this clause, as the
case may be), plus an additional 1.5 percentage points;
and
``(iii) for a period in any calendar year after
2017, be equal to the applicable percentage under this
subsection for calendar year 2017 (as determined under
clause (ii)).
``(3)(A) Notwithstanding subsection (a)(2), any excess
contributions under subsection (a)(1)(A) (including the portion of any
deposit under this subsection allocable to excess contributions) shall,
if made by an employee of the United States Postal Service or the
Postal Regulatory Commission, be deposited to the credit of the Postal
Service Fund under section 2003 of title 39, rather than the Civil
Service Retirement and Disability Fund.
``(B) For purposes of this paragraph, the term `excess
contributions', as used with respect to contributions made under
subsection (a)(1)(A) by an employee of the United States Postal Service
or the Postal Regulatory Commission, means the amount by which--
``(i) deductions from basic pay of such employee which are
made under subsection (a)(1)(A), exceed
``(ii) deductions from basic pay of such employee which
would have been so made if paragraph (2) had not been
enacted.''.
(2) Government contributions.--Section 8334(a)(1)(B) of
title 5, United States Code, is amended--
(A) in clause (i), by striking ``Except as provided
in clause (ii),'' and inserting ``Except as provided in
clause (ii) or (iii),''; and
(B) by adding at the end the following:
``(iii) The amount to be contributed under clause (i) shall, with
respect to a period in any year beginning after December 31, 2012, be
equal to--
``(I) the amount which would otherwise apply under clause
(i) with respect to such period, reduced by
``(II) the amount by which, with respect to such period,
the withholding under subparagraph (A) exceeds the amount which
would otherwise have been withheld from the basic pay of the
employee or elected official involved under subparagraph (A)
based on the percentage applicable under subsection (c) for
calendar year 2012.''.
(b) Federal Employees' Retirement System.--
(1) Individual contributions.--Section 8422(a)(3) of title
5, United States Code, is amended--
(A) by redesignating subparagraph (B) as
subparagraph (C);
(B) by inserting after subparagraph (A) the
following:
``(B) Notwithstanding any other provision of this paragraph, the
applicable percentage under this paragraph for civilian service by
employees or Members other than revised annuity employees shall--
``(i) except as provided in clause (ii) or (iii), for
purposes of computing an amount--
``(I) for a period in calendar year 2013, be equal
to the applicable percentage under this paragraph for
calendar year 2012, plus an additional 1.5 percentage
points;
``(II) for a period in calendar year 2014, be equal
to the applicable percentage under this paragraph for
calendar year 2013 (as determined under subclause (I)),
plus an additional 0.5 percentage point;
``(III) for a period in calendar year 2015, 2016,
or 2017, be equal to the applicable percentage under
this paragraph for the preceding calendar year (as
determined under subclause (II) or this subclause, as
the case may be), plus an additional 1.0 percentage
point; and
``(IV) for a period in any calendar year after
2017, be equal to the applicable percentage under this
paragraph for calendar year 2017 (as determined under
subclause (III));
``(ii) for purposes of computing an amount with respect to
a Member--
``(I) for a period in calendar year 2013, be equal
to the applicable percentage under this paragraph for
calendar year 2012, plus an additional 2.5 percentage
points;
``(II) for a period in calendar year 2014, 2015,
2016, or 2017, be equal to the applicable percentage
under this paragraph for the preceding calendar year
(as determined under subclause (I) or this subclause,
as the case may be), plus an additional 1.5 percentage
points; and
``(III) for a period in any calendar year after
2017, be equal to the applicable percentage under this
paragraph for calendar year 2017 (as determined under
subclause (II)); and
``(iii) for purposes of computing an amount with respect to
a Congressional employee--
``(I) for a period in calendar year 2013, 2014,
2015, 2016, or 2017, be equal to the applicable
percentage under this paragraph for the preceding
calendar year (including as increased under this
subclause, if applicable), plus an additional 1.5
percentage points; and
``(II) for a period in any calendar year after
2017, be equal to the applicable percentage under this
paragraph for calendar year 2017 (as determined under
subclause (I)).''; and
(C) in subparagraph (C) (as so redesignated by
subparagraph (A))--
(i) by striking ``9.3'' each place it
appears and inserting ``12''; and
(ii) by striking ``9.8'' each place it
appears and inserting ``12.5''.
(2) Government contributions.--Section 8423(a)(2) of title
5, United States Code, is amended--
(A) by striking ``(2)'' and inserting ``(2)(A)'';
and
(B) by adding at the end the following:
``(B)(i) Subject to clauses (ii) and (iii), for purposes of any
period in any year beginning after December 31, 2012, the normal-cost
percentage under this subsection shall be determined and applied as if
section 501(b)(1) of the Sequester Replacement Reconciliation Act of
2012 had not been enacted.
``(ii) Any contributions under this subsection in excess of the
amounts which (but for clause (i)) would otherwise have been payable
shall be applied toward reducing the unfunded liability of the Civil
Service Retirement System.
``(iii) After the unfunded liability of the Civil Service
Retirement System has been eliminated, as determined by the Office,
Government contributions under this subsection shall be determined and
made disregarding this subparagraph.
``(iv) The preceding provisions of this subparagraph shall be
disregarded for purposes of determining the contributions payable by
the United States Postal Service and the Postal Regulatory
Commission.''.
SEC. 502. ANNUITY SUPPLEMENT.
Section 8421(a) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (3)'' and
inserting ``paragraphs (3) and (4)'';
(2) in paragraph (2), by striking ``paragraph (3)'' and
inserting ``paragraphs (3) and (4)''; and
(3) by adding at the end the following:
``(4)(A) Except as provided in subparagraph (B), no annuity
supplement under this section shall be payable in the case of an
individual who first becomes subject to this chapter after December 31,
2012.
``(B) Nothing in this paragraph applies in the case of an
individual separating under subsection (d) or (e) of section 8412.''.
SEC. 503. CONTRIBUTIONS TO THRIFT SAVINGS FUND OF PAYMENTS FOR ACCRUED
OR ACCUMULATED LEAVE.
(a) Amendments Relating to CSRS.--Section 8351(b) of title 5,
United States Code, is amended--
(1) by striking paragraph (2)(A) and inserting the
following:
``(2)(A) An employee or Member may contribute to the Thrift Savings
Fund in any pay period any amount of such employee's or Member's basic
pay for such pay period, and may contribute (by direct transfer to the
Fund) any part of any payment that the employee or Member receives for
accumulated and accrued annual or vacation leave under section 5551 or
5552. Notwithstanding section 2105(e), in this paragraph the term
`employee' includes an employee of the United States Postal Service or
of the Postal Regulatory Commission.'';
(2) by striking subparagraph (B) of paragraph (2); and
(3) by redesignating subparagraph (C) of paragraph (2) as
subparagraph (B).
(b) Amendments Relating to FERS.--Section 8432(a) of title 5,
United States Code, is amended--
(1) by striking all that precedes paragraph (3) and
inserting the following:
``(a)(1) An employee or Member--
``(A) may contribute to the Thrift Savings Fund in any pay
period, pursuant to an election under subsection (b), any
amount of such employee's or Member's basic pay for such pay
period; and
``(B) may contribute (by direct transfer to the Fund) any
part of any payment that the employee or Member receives for
accumulated and accrued annual or vacation leave under section
5551 or 5552.
``(2) Contributions made under paragraph (1)(A) pursuant to an
election under subsection (b) shall, with respect to each pay period
for which such election remains in effect, be made in accordance with a
program of regular contributions provided in regulations prescribed by
the Executive Director.''; and
(2) by adding at the end the following:
``(4) Notwithstanding section 2105(e), in this subsection the term
`employee' includes an employee of the United States Postal Service or
of the Postal Regulatory Commission.''.
(c) Regulations.--The Executive Director of the Federal Retirement
Thrift Investment Board shall promulgate regulations to carry out the
amendments made by this section.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect 1 year after the date of the enactment of this Act.
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.
(a) In General.--Paragraph (2) of section 36B(f) of the Internal
Revenue Code of 1986 is amended by striking subparagraph (B).
(b) Conforming Amendment.--So much of paragraph (2) of section
36B(f) of such Code, as amended by subsection (a), as precedes
``advance payments'' is amended to read as follows:
``(2) Excess advance payments.--If the''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2013.
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.
(a) In General.--Subsection (d) of section 24 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(5) Identification requirement with respect to
taxpayer.--
``(A) In general.--Paragraph (1) shall not apply to
any taxpayer for any taxable year unless the taxpayer
includes the taxpayer's Social Security number on the
return of tax for such taxable year.
``(B) Joint returns.--In the case of a joint
return, the requirement of subparagraph (A) shall be
treated as met if the Social Security number of either
spouse is included on such return.
``(C) Limitation.--Subparagraph (A) shall not apply
to the extent the tentative minimum tax (as defined in
section 55(b)(1)(A)) exceeds the credit allowed under
section 32.''.
(b) Omission Treated as Mathematical or Clerical Error.--
Subparagraph (I) of section 6213(g)(2) of such Code is amended to read
as follows:
``(I) an omission of a correct Social Security
number required under section 24(d)(5) (relating to
refundable portion of child tax credit), or a correct
TIN under section 24(e) (relating to child tax credit),
to be included on a return,''.
(c) Conforming Amendment.--Subsection (e) of section 24 of such
Code is amended by inserting ``With Respect to Qualifying Children''
after ``Identification Requirement'' in the heading thereof.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
Subtitle C--Human Resources Provisions
SEC. 621. REPEAL OF THE PROGRAM OF BLOCK GRANTS TO STATES FOR SOCIAL
SERVICES.
(a) Repeals.--Sections 2001 through 2007 of the Social Security Act
(42 U.S.C. 1397-1397f) are repealed.
(b) Conforming Amendments.--
(1) Section 404(d) of the Social Security Act (42 U.S.C.
604(d)) is amended--
(A) in paragraph (1), by striking ``any or all of
the following provisions of law:'' and all that follows
through ``The'' and inserting ``the'';
(B) in paragraph (3)--
(i) by striking ``rules'' and all that
follows through ``any amount paid'' and
inserting ``rules.--Any amount paid'';
(ii) by striking ``a provision of law
specified in paragraph (1)'' and inserting
``the Child Care and Development Block Grant
Act of 1990''; and
(iii) by striking subparagraph (B); and
(C) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2).
(2) Section 422(b) of the Social Security Act (42 U.S.C.
622(b)) is amended--
(A) in paragraph (1)(A)--
(i) by striking ``administers or
supervises'' and inserting ``administered or
supervised''; and
(ii) by striking ``subtitle 1 of title XX''
and inserting ``subtitle A of title XX (as in
effect before the repeal of such subtitle)'';
and
(B) in paragraph (2), by striking ``under subtitle
1 of title XX,''.
(3) Section 471(a) of the Social Security Act (42 U.S.C.
671(a)) is amended--
(A) in paragraph (4), by striking ``, under
subtitle 1 of title XX of this Act,''; and
(B) in paragraph (8), by striking ``XIX, or XX''
and inserting ``or XIX''.
(4) Section 472(h)(1) of the Social Security Act (42 U.S.C.
672(h)(1)) is amended by striking the 2nd sentence.
(5) Section 473(b) of the Social Security Act (42 U.S.C.
673(b)) is amended--
(A) in paragraph (1), by striking ``(3)'' and
inserting ``(2)'';
(B) in paragraph (4), by striking ``paragraphs (1)
and (2)'' and inserting ``paragraph (1)''; and
(C) by striking paragraph (2) and redesignating
paragraphs (3) and (4) as paragraphs (2) and (3),
respectively.
(6) Section 504(b)(6) of the Social Security Act (42 U.S.C.
704(b)(6)) is amended in each of subparagraphs (A) and (B) by
striking ``XIX, or XX'' and inserting ``or XIX''.
(7) Section 1101(a)(1) of the Social Security Act (42
U.S.C. 1301(a)(1)) is amended by striking the penultimate
sentence.
(8) Section 1128(h) of the Social Security Act (42 U.S.C.
1320a-7(h)) is amended--
(A) by adding ``or'' at the end of paragraph (2);
and
(B) by striking paragraph (3) and redesignating
paragraph (4) as paragraph (3).
(9) Section 1128A(i)(1) of the Social Security Act (42
U.S.C. 1320a-7a(i)(1)) is amended by striking ``or subtitle 1
of title XX''.
(10) Section 1132(a)(1) of the Social Security Act (42
U.S.C. 1320b-2(a)(1)) is amended by striking ``XIX, or XX'' and
inserting ``or XIX''.
(11) Section 1902(e)(13)(F)(iii) of the Social Security Act
(42 U.S.C. 1396a(e)(13)(F)(iii)) is amended--
(A) by striking ``Exclusions'' and inserting
``Exclusion''; and
(B) by striking ``an agency that determines
eligibility for a program established under the Social
Services Block Grant established under title XX or''.
(12) The heading for title XX of the Social Security Act is
amended by striking ``BLOCK GRANTS TO STATES FOR SOCIAL
SERVICES'' and inserting ``HEALTH PROFESSIONS DEMONSTRATIONS
AND ENVIRONMENTAL HEALTH CONDITION DETECTION''.
(13) The heading for subtitle A of title XX of the Social
Security Act is amended by striking ``Block Grants to States
for Social Services'' and inserting ``Health Professions
Demonstrations and Environmental Health Condition Detection''.
(14) Section 16(k)(5)(B)(i) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2025(k)(5)(B)(i)) is amended by striking ``,
or title XX,''.
(15) Section 402(b)(3) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(b)(3)) is amended by striking subparagraph (B) and
redesignating subparagraph (C) as subparagraph (B).
(16) Section 245A(h)(4)(I) of the Immigration Reform and
Control Act of 1986 (8 U.S.C. 1255a(h)(4)(I)) is amended by
striking ``, XVI, and XX'' and inserting ``and XVI''.
(17) Section 17 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766) is amended--
(A) in subsection (a)(2)--
(i) in subparagraph (B)--
(I) by striking ``--'' and all that
follows through ``(i)'';
(II) by striking ``or'' at the end
of clause (i); and
(III) by striking clause (ii); and
(ii) in subparagraph (D)(ii), by striking
``or title XX''; and
(B) in subsection (o)(2)(B)--
(i) by striking ``or title XX'' each place
it appears; and
(ii) by striking ``or XX''.
(18) Section 201(b) of the Indian Child Welfare Act of 1978
(25 U.S.C. 1931(b)) is amended by striking ``titles IV-B and
XX'' each place it appears and inserting ``part B of title
IV''.
(19) Section 3803(c)(2)(C) of title 31, United States Code,
is amended by striking clause (vi) and redesignating clauses
(vii) through (xvi) as clauses (vi) through (xv), respectively.
(20) Section 14502(d)(3) of title 40, United States Code,
is amended--
(A) by striking ``and title XX''; and
(B) by striking ``, 1397 et seq.''.
(21) Section 2006(a)(15) of the Public Health Service Act
(42 U.S.C. 300z-5(a)(15)) is amended by striking ``and title
XX''.
(22) Section 203(b)(3) of the Older Americans Act of 1965
(42 U.S.C. 3013(b)(3)) is amended by striking ``XIX, and XX''
and inserting ``and XIX''.
(23) Section 213 of the Older Americans Act of 1965 (42
U.S.C. 3020d) is amended by striking ``or title XX''.
(24) Section 306(d) of the Older Americans Act of 1965 (42
U.S.C. 3026(d)) is amended in each of paragraphs (1) and (2) by
striking ``titles XIX and XX'' and inserting ``title XIX''.
(25) Section 2605 of the Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8624) is amended in each of subsections
(b)(4) and (j) by striking ``under title XX of the Social
Security Act,''.
(26) Section 602 of the Child Development Associate
Scholarship Assistance Act of 1985 (42 U.S.C. 10901) is
repealed.
(27) Section 3(d)(1) of the Assisted Suicide Funding
Restriction Act of 1997 (42 U.S.C. 14402(d)(1)) is amended by
striking subparagraph (C) and redesignating subparagraphs (D)
through (K) as subparagraphs (C) through (J), respectively.
(c) Effective Date.--The repeals and amendments made by this
section shall take effect on October 1, 2012.
TITLE VII--SEQUESTER REPLACEMENT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Sequester Replacement Act of
2012''.
SEC. 702. PROTECTING VETERANS PROGRAMS FROM SEQUESTER.
Section 256(e)(2)(E) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is repealed.
SEC. 703. ACHIEVING $19 BILLION IN DISCRETIONARY SAVINGS.
(a) Revised 2013 Discretionary Spending Limit.--Paragraph (2) of
section 251(c) of the Balanced Budget and Emergency Deficit Control Act
of 1985 is amended to read as follows:
``(2) with respect to fiscal year 2013, for the
discretionary category, $1,047,000,000,000 in new budget
authority;''.
(b) Discretionary Savings.--Section 251A(7)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended to read as
follows:
``(A) Fiscal year 2013.--
``(i) Fiscal year 2013 adjustment.--On
January 2, 2013, the discretionary category set
forth in section 251(c)(2) shall be decreased
by $19,104,000,000 in budget authority.
``(ii) Supplemental sequestration order.--
On January 15, 2013, OMB shall issue a
supplemental sequestration report for fiscal
year 2013 and take the form of a final
sequestration report as set forth in section
254(f)(2) and using the procedures set forth in
section 253(f), to eliminate any discretionary
spending breach of the spending limit set forth
in section 251(c)(2) as adjusted by clause (i),
and the President shall order a sequestration,
if any, as required by such report.''.
SEC. 704. CONFORMING AMENDMENTS TO SECTION 314 OF THE CONGRESSIONAL
BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974.
Section 314(a) of the Congressional Budget Act of 1974 is amended
to read as follows:
``(a) Adjustments.--
``(1) In general.--The chair of the Committee on the Budget
of the House of Representatives or the Senate may make
adjustments as set forth in paragraph (2) for a bill or joint
resolution, amendment thereto or conference report thereon, by
the amount of new budget authority and outlays flowing
therefrom in the same amount as required by section 251(b) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
``(2) Matters to be adjusted.--The chair of the Committee
on the Budget of the House of Representatives or the Senate may
make the adjustments referred to in paragraph (1) to--
``(A) the allocations made pursuant to the
appropriate concurrent resolution on the budget
pursuant to section 302(a);
``(B) the budgetary aggregates as set forth in the
appropriate concurrent resolution on the budget; and
``(C) the discretionary spending limits, if any,
set forth in the appropriate concurrent resolution on
the budget.''.
SEC. 705. TREATMENT FOR PAYGO PURPOSES.
The budgetary effects of this Act and any amendment made by it
shall not be entered on either PAYGO scorecard maintained pursuant to
section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
SEC. 706. ELIMINATION OF THE FISCAL YEAR 2013 SEQUESTRATION FOR DEFENSE
DIRECT SPENDING.
Any sequestration order issued by the President under the Balanced
Budget and Emergency Deficit Control Act of 1985 to carry out
reductions to direct spending for the defense function (050) for fiscal
year 2013 pursuant to section 251A of such Act shall have no force or
effect.
Passed the House of Representatives May 10, 2012.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 398
112th CONGRESS
2d Session
H. R. 5652
_______________________________________________________________________
AN ACT
To provide for reconciliation pursuant to section 201 of the concurrent
resolution on the budget for fiscal year 2013.
_______________________________________________________________________
May 15, 2012
Read the second time and placed on the calendar