[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1846 Placed on Calendar Senate (PCS)]
Calendar No. 266
113th CONGRESS
1st Session
S. 1846
To delay the implementation of certain provisions of the Biggert-Waters
Flood Insurance Reform Act of 2012, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 17, 2013
Mr. Menendez (for himself, Mr. Begich, Mr. Blumenthal, Mr. Booker, Mr.
Casey, Mr. Cochran, Mr. Franken, Mrs. Gillibrand, Mr. Graham, Mrs.
Hagan, Ms. Heitkamp, Mr. Hoeven, Mr. Isakson, Ms. Klobuchar, Ms.
Landrieu, Mr. Manchin, Mr. Markey, Mr. Merkley, Ms. Murkowski, Mr.
Nelson, Mr. Reed, Mr. Schatz, Mr. Schumer, Mr. Scott, Mr. Vitter, Ms.
Warren, Mr. Whitehouse, and Mr. Wicker) introduced the following bill;
which was read the first time
December 18, 2013
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To delay the implementation of certain provisions of the Biggert-Waters
Flood Insurance Reform Act of 2012, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeowner Flood Insurance
Affordability Act of 2013''.
SEC. 2. DEFINITIONS.
As used in this Act, the following definitions shall apply:
(1) Adjusted base flood elevation.--For purposes of rating
a floodproofed covered structure, the term ``adjusted base
flood elevation'' means the base flood elevation for a covered
structure on the applicable effective flood insurance rate map,
plus 1 foot.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(3) Affordability authority bill.--The term ``affordability
authority bill'' means a non-amendable bill that if enacted
would only grant the Administrator the authority necessary to
promulgate regulations in accordance with the criteria set
forth in section 3(d)(2).
(4) Affordability study.--The term ``affordability study''
means the study required under section 100236 of the Biggert-
Waters Flood Insurance Reform Act of 2012 (Public Law 112-141;
126 Stat. 957).
(5) Applicable flood plain management measures.--The term
``applicable flood plain management measures'' means flood
plain management measures adopted by a community under section
60.3(c) of title 44, Code of Federal Regulations.
(6) Covered structure.--The term ``covered structure''
means a residential structure--
(A) that is located in a community that has adopted
flood plain management measures that are approved by
the Federal Emergency Management Agency and that
satisfy the requirements for an exception for
floodproofed residential basements under section
60.6(c) of title 44, Code of Federal Regulations; and
(B) that was built in compliance with the
applicable flood plain management measures.
(7) Draft affordability framework.--The term ``draft
affordability framework'' means the draft programmatic and
regulatory framework required to be prepared by the
Administrator and submitted to Congress under section 3(d)
addressing the issues of affordability of flood insurance sold
under the National Flood Insurance Program, including issues
identified in the affordability study.
(8) Floodproofed elevation.--The term ``floodproofed
elevation'' means the height of floodproofing on a covered
structure, as identified on the Residential Basement
Floodproofing Certificate for the covered structure.
(9) National flood insurance program.--The term ``National
Flood Insurance Program'' means the program established under
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.).
SEC. 3. DELAYED IMPLEMENTATION OF FLOOD INSURANCE RATE INCREASES; DRAFT
AFFORDABILITY FRAMEWORK.
(a) Delayed Implementation of Flood Insurance Rate Increases.--
(1) Grandfathered properties.--Beginning on the date of
enactment of this Act, the Administrator may not implement
section 1308(h) of the National Flood Insurance Act of 1968 (42
U.S.C. 4015(h)).
(2) Pre-firm properties.--Beginning on the date of
enactment of this Act, the Administrator may not implement--
(A) section 1307(g)(1) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4014(g)(1)); or
(B) section 1307(g)(3) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4014(g)(3)) with
respect to any policy described in that section,
provided that the decision of the policy holder to
permit a lapse in flood insurance coverage was as a
result of the property covered by the policy no longer
being required to retain such coverage.
(3) Expiration.--The prohibitions set forth under
paragraphs (1) and (2) shall expire 6 months after the later
of--
(A) the date on which the Administrator proposes
the draft affordability framework;
(B) the date on which any regulations proposed
pursuant to the authority that the Administrator is
granted in the affordability authority bill, if such
bill is enacted, become final; or
(C) the date on which the Administrator certifies
in writing to Congress that the Federal Emergency
Management Agency has implemented a flood mapping
approach that, when applied, results in technically
credible flood hazard data in all areas where Flood
Insurance Rate Maps are prepared or updated.
(b) Property Sale Trigger.--
(1) In general.--Section 1307(g)(2) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4014(g)(2)) is amended to read
as follows:
``(2) any property purchased after the expiration of the 6-
month period set forth under section 3(a)(3) of the Homeowner
Flood Insurance Affordability Act of 2013;''.
(2) Protection of subsidy for properties purchased on or
before expiration date.--Notwithstanding paragraph (1) or (3)
of section 1307(g) of the National Flood Insurance Act of 1968
(42 U.S.C. 4014(g)(1) and (3)), the Administrator may not
reduce the risk premium rate subsidy for flood insurance for a
property purchased on or before the expiration of the 6-month
period set forth under subsection (a)(3) of this section based
on the fact that--
(A) the property was not insured by the flood
insurance program as of the date of enactment of the
Biggert-Waters Flood Insurance Reform Act of 2012
(Public Law 112-141; 126 Stat. 916); or
(B) on or before the expiration of that 6-month
period, the policy for the property had lapsed in
coverage as a result of the deliberate choice of the
policy holder, provided that the decision of the policy
holder to permit a lapse in coverage was as a result of
the property no longer being required to retain such
coverage.
(c) Treatment of Pre-FIRM Properties.--Beginning on the date of
enactment of this Act and ending upon the expiration of the 6-month
period set forth under subsection (a)(3), the Administrator shall
restore the risk premium rate subsidies for flood insurance estimated
under section 1307(a)(2) of the National Flood Insurance Act of 1968
(42 U.S.C. 4014(a)(2)) for any property--
(1) with respect to which the Administrator may not, under
subsection (a)(2)(A) of this section, implement section
1307(g)(1) of the National Flood Insurance Act of 1968;
(2) with respect to which the Administrator may not, under
subsection (a)(2)(B) of this section, implement section
1307(g)(3) of the National Flood Insurance Act of 1968; or
(3) described in section 1307(g)(2) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4014(g)(2)), as amended by
this section.
(d) Draft Affordability Framework.--
(1) In general.--The Administrator shall prepare a draft
affordability framework that proposes to address, via
programmatic and regulatory changes, the issues of
affordability of flood insurance sold under the National Flood
Insurance Program, including issues identified in the
affordability study.
(2) Criteria.--In carrying out the requirements under
paragraph (1), the Administrator shall consider the following
criteria:
(A) Accurate communication to consumers of the
flood risk associated with their property.
(B) Targeted assistance to flood insurance policy
holders based on their financial ability to continue to
participate in the National Flood Insurance Program.
(C) Individual or community actions to mitigate the
risk of flood or lower the cost of flood insurance.
(D) The impact of increases in risk premium rates
on participation in the National Flood Insurance
Program.
(E) The impact flood insurance rate map updates
have on the affordability of flood insurance.
(3) Deadline for submission.--Not later than 18 months
after the date on which the Administrator submits the
affordability study, the Administrator shall submit to the full
Committee on Banking, Housing, and Urban Affairs and the full
Committee on Appropriations of the Senate and the full
Committee on Financial Services and the full Committee on
Appropriations of the House of Representatives the draft
affordability framework.
(e) Congressional Consideration of FEMA Affordability
Authorities.--
(1) No referral.--Upon introduction in either House of
Congress, an affordability authority bill shall not be referred
to a committee and shall immediately be placed on the calendar.
(2) Consideration in the house of representatives.--
(A) Proceeding to consideration.--It shall be in
order to move to proceed to consider the affordability
authority bill in the House. All points of order
against the motion are waived. Such a motion shall not
be in order after the House has disposed of a motion to
proceed with respect to the affordability authority
bill. The previous question shall be considered as
ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable.
A motion to reconsider the vote by which the motion is
disposed of shall not be in order.
(B) Consideration.--The affordability authority
bill shall be considered as read. All points of order
against the affordability authority bill and against
its consideration are waived. The previous question
shall be considered as ordered on the affordability
authority bill to its passage without intervening
motion except 10 hours of debate equally divided and
controlled by the proponent and an opponent. A motion
to reconsider the vote on passage of the affordability
authority bill shall not be in order.
(3) Consideration in the senate.--
(A) Placement on the calendar.--Upon introduction
in the Senate, an affordability authority bill shall be
immediately placed on the calendar.
(B) Floor consideration.--Notwithstanding Rule XXII
of the Standing Rules of the Senate, it is in order, at
any time beginning on the day after the 6th day after
the date of introduction of an affordability authority
bill (even if a previous motion to the same effect has
been disagreed to) to move to proceed to the
consideration of the affordability authority bill and
all points of order against consideration of the
affordability authority bill are waived. The motion to
proceed is not debatable. The motion is not subject to
a motion to postpone. A motion to reconsider the vote
by which the motion is agreed to or disagreed to shall
not be in order. If a motion to proceed to the
consideration of the affordability authority bill is
agreed to, the affordability authority bill shall
remain the unfinished business until disposed of.
(C) Consideration.--All points of order against the
affordability authority bill are waived. Consideration
of the affordability authority bill and of all
debatable motions and appeals in connection therewith
shall be limited to not more than 10 hours which shall
be divided equally between the majority and minority
leaders or their designees. A motion further to limit
debate on the affordability authority bill is in order,
and is not debatable.
(D) No amendments.--An amendment to the
affordability authority bill, or a motion to postpone,
or a motion to proceed to the consideration of other
business, or a motion to commit or recommit the
affordability authority bill, is not in order.
(E) Vote on passage.--If the Senate has voted to
proceed to the affordability authority bill, the vote
on passage of the affordability authority bill shall
occur immediately following the conclusion of
consideration of the affordability authority bill, and
a single quorum call at the conclusion of the debate if
requested in accordance with the rules of the Senate.
(4) Amendment.--The affordability authority bill shall not
be subject to amendment in either the House of Representatives
or the Senate.
(5) Consideration by the other house.--
(A) In general.--If, before passing the
affordability authority bill, one House receives from
the other an affordability authority bill--
(i) the affordability authority bill of the
other House shall not be referred to a
committee; and
(ii) the procedure in the receiving House
shall be the same as if no affordability
authority bill had been received from the other
House except that the vote on passage shall be
on the affordability authority bill of the
other House.
(B) Revenue measure.--This subsection shall not
apply to the House of Representatives if the
affordability authority bill received from the Senate
is a revenue measure.
(6) Coordination with action by other house.--
(A) Treatment of affordability authority bill of
other house.--If the Senate fails to introduce or
consider a affordability authority bill under this
section, the affordability authority bill of the House
shall be entitled to expedited floor procedures under
this section.
(B) Treatment of companion measures in the
senate.--If following passage of the affordability
authority bill in the Senate, the Senate then receives
the affordability authority bill from the House of
Representatives, the House-passed affordability
authority bill shall not be debatable.
(C) Vetoes.--If the President vetoes the
affordability authority bill, debate on a veto message
in the Senate under this section shall be 1 hour
equally divided between the majority and minority
leaders or their designees.
(7) Rules of the house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such it is deemed a part of the rules of each
House, respectively, but applicable only with respect
to the procedure to be followed in that House in the
case of an affordability authority bill, and it
supersedes other rules only to the extent that it is
inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change its rules at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
(f) Interagency Agreements.--The Administrator may enter into an
agreement with another Federal agency to--
(1) complete the affordability study; or
(2) prepare the draft affordability framework.
(g) Clear Communications.--The Administrator shall clearly
communicate full flood risk determinations to individual property
owners regardless of whether their premium rates are full actuarial
rates.
(h) Rule of Construction.--Nothing in this section shall be
construed to provide the Administrator with the authority to provide
assistance to homeowners based on affordability that was not available
prior to the enactment of the Biggert-Waters Flood Insurance Reform Act
of 2012 (Public Law 112-141; 126 Stat. 916).
SEC. 4. AFFORDABILITY STUDY AND REPORT.
Notwithstanding the deadline under section 100236(c) of the
Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141;
126 Stat. 957), not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to the full Committee on
Banking, Housing, and Urban Affairs and the full Committee on
Appropriations of the Senate and the full Committee on Financial
Services and the full Committee on Appropriations of the House of
Representatives the affordability study and report required under such
section.
SEC. 5. AFFORDABILITY STUDY FUNDING.
Section 100236(d) of the Biggert-Waters Flood Insurance Reform Act
of 2012 (Public Law 112-141; 126 Stat. 957) is amended by striking
``not more than $750,000'' and inserting ``such amounts as may be
necessary''.
SEC. 6. FUNDS TO REIMBURSE HOMEOWNERS FOR SUCCESSFUL MAP APPEALS.
(a) In General.--Section 1363(f) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104(f)) is amended by striking the second
sentence and inserting the following: ``The Administrator may use such
amounts from the National Flood Insurance Fund established under
section 1310 as may be necessary to carry out this subsection.''.
(b) Conforming Amendment.--Section 1310(a) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4017(a)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) for carrying out section 1363(f).''.
SEC. 7. FLOOD PROTECTION SYSTEMS.
(a) Adequate Progress on Construction of Flood Protection
Systems.--Section 1307(e) of the National Flood Insurance Act of 1968
(42 U.S.C. 4014(e)) is amended--
(1) in the first sentence, by inserting ``or
reconstruction'' after ``construction'';
(2) by striking the second sentence and inserting the
following: ``The Administrator shall find that adequate
progress on the construction or reconstruction of a flood
protection system, based on the present value of the completed
flood protection system, has been made only if (1) 100 percent
of the cost of the system has been authorized, (2) at least 60
percent of the cost of the system has been appropriated, (3) at
least 50 percent of the cost of the system has been expended,
and (4) the system is at least 50 percent completed.''; and
(3) by adding at the end the following: ``Notwithstanding
any other provision of law, in determining whether a community
has made adequate progress on the construction, reconstruction,
or improvement of a flood protection system, the Administrator
shall consider all sources of funding, including Federal,
State, and local funds.''.
(b) Communities Restoring Disaccredited Flood Protection Systems.--
Section 1307(f) of the National Flood Insurance Act of 1968 (42 U.S.C.
4014(f)) is amended by striking the first sentence and inserting the
following: ``Notwithstanding any other provision of law, this
subsection shall apply to riverine and coastal levees that are located
in a community which has been determined by the Administrator of the
Federal Emergency Management Agency to be in the process of restoring
flood protection afforded by a flood protection system that had been
previously accredited on a Flood Insurance Rate Map as providing 100-
year frequency flood protection but no longer does so, and shall apply
without regard to the level of Federal funding of or participation in
the construction, reconstruction, or improvement of the flood
protection system.''.
SEC. 8. TREATMENT OF FLOODPROOFED RESIDENTIAL BASEMENTS.
In implementing section 1308(h) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4015(h)), the Administrator shall rate a covered
structure using the elevation difference between the floodproofed
elevation of the covered structure and the adjusted base flood
elevation of the covered structure.
SEC. 9. DESIGNATION OF FLOOD INSURANCE ADVOCATE.
(a) In General.--The Administrator shall designate a Flood
Insurance Advocate to advocate for the fair treatment of policy holders
under the National Flood Insurance Program and property owners in the
mapping of flood hazards, the identification of risks from flood, and
the implementation of measures to minimize the risk of flood.
(b) Duties and Responsibilities.--The duties and responsibilities
of the Flood Insurance Advocate designated under subsection (a) shall
be to--
(1) educate property owners and policyholders under the
National Flood Insurance Program on--
(A) individual flood risks;
(B) flood mitigation;
(C) measures to reduce flood insurance rates
through effective mitigation; and
(D) the flood insurance rate map review and
amendment process;
(2) assist policy holders under the National Flood
Insurance Program and property owners to understand the
procedural requirements related to appealing preliminary flood
insurance rate maps and implementing measures to mitigate
evolving flood risks;
(3) assist in the development of regional capacity to
respond to individual constituent concerns about flood
insurance rate map amendments and revisions;
(4) coordinate outreach and education with local officials
and community leaders in areas impacted by proposed flood
insurance rate map amendments and revisions; and
(5) aid potential policy holders under the National Flood
Insurance Program in obtaining and verifying accurate and
reliable flood insurance rate information when purchasing or
renewing a flood insurance policy.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for each fiscal year such sums as may be necessary to
carry out the duties and responsibilities of the Flood Insurance
Advocate.
Calendar No. 266
113th CONGRESS
1st Session
S. 1846
_______________________________________________________________________
A BILL
To delay the implementation of certain provisions of the Biggert-Waters
Flood Insurance Reform Act of 2012, and for other purposes.
_______________________________________________________________________
December 18, 2013
Read the second time and placed on the calendar