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116th Congress }                                      { Rept 116-262
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                      { Part 1

======================================================================
 
     NATIONAL FLOOD INSURANCE PROGRAM REAUTHORIZATION ACT OF 2019

                                _______
                                

October 28, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Ms. Waters, from the Committee on Financial Services, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3167]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Financial Services, to whom was referred 
the bill (H.R. 3167) to reform and reauthorize the National 
Flood Insurance Program, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    31
Background and Need for Legislation..............................    32
Section-by-Section Analysis......................................    35
Hearings.........................................................    40
Committee Consideration..........................................    41
Committee Votes and Roll Call Votes..............................    41
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    43
Statement of Performance Goals and Objectives....................    43
New Budget Authority and CBO Cost Estimate.......................    43
Committee Cost Estimate..........................................    55
Unfunded Mandate Statement.......................................    55
Advisory Committee...............................................    55
Committee Correspondence.........................................    56
Application of Law to the Legislative Branch.....................    58
Earmark Statement................................................    58
Duplication of Federal Programs..................................    58
Changes to Existing Law..........................................    58

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``National Flood 
Insurance Program Reauthorization Act of 2019''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Congressional findings.

               TITLE I--REAUTHORIZATION AND AFFORDABILITY

Sec. 101. Program extension.
Sec. 102. Demonstration program for policy affordability.
Sec. 103. Premium and fees relief for families and small businesses.
Sec. 104. Monthly installment payment of premiums.
Sec. 105. State revolving loan funds for low-interest loans.
Sec. 106. Use of replacement cost value in estimating premium rates.
Sec. 107. Refund of premiums upon cancellation of policy because of 
replacement with private flood insurance.

                           TITLE II--MAPPING

Sec. 201. Reauthorization of appropriations for National Flood Mapping 
Program.
Sec. 202. National Flood Mapping Program.
Sec. 203. Flood mapping modernization and homeowner empowerment pilot 
program.
Sec. 204. Mapping improvements and reach.
Sec. 205. Appeals regarding existing flood maps.
Sec. 206. Appeals and publication of projected special flood hazard 
areas.
Sec. 207. Communication and outreach regarding map changes.
Sec. 208. Adoption of partial flood maps.
Sec. 209. New zone for levee-impacted areas.
Sec. 210. Agricultural structures in special flood hazard zones.
Sec. 211. Technical Mapping Advisory Council.

                         TITLE III--MITIGATION

Sec. 301. Increased cost of compliance coverage.
Sec. 302. Multiple-loss properties.
Sec. 303. Premium rates for certain mitigated properties.
Sec. 304. Coverage for cooperatives.
Sec. 305. Voluntary community-based flood insurance pilot program.
Sec. 306. Mitigation funding.
Sec. 307. Community Rating System improvements.
Sec. 308. Community assistance program for effective floodplain 
management.

                        TITLE IV--MODERNIZATION

Sec. 401. Effect of private flood insurance coverage on continuous 
coverage requirements.
Sec. 402. Optional coverage for umbrella policies.
Sec. 403. Annual independent actuarial study.
Sec. 404. Sharing of and access to information.
Sec. 405. Elevation certificates.
Sec. 406. Leveraging risk transfer opportunities for a sound financial 
framework.
Sec. 407. Write-Your-Own arrangements.
Sec. 408. Study on increasing participation.

SEC. 2. CONGRESSIONAL FINDINGS.

  The Congress finds that--
          (1) since 2016, communities and families across the United 
        States have suffered over $300 billion in losses as a result of 
        flooding;
          (2) flooding disasters in the United States present a threat 
        to people, property, and taxpayers;
          (3) the National Flood Insurance Program (NFIP) is a key 
        component of the Federal Government's efforts to minimize the 
        damage and financial impact of floods;
          (4) the NFIP is the principal provider of flood insurance in 
        the United States, covering over 5 million households and 
        businesses across the country;
          (5) affordability of flood insurance coverage remains a 
        serious concern;
          (6) investment in mitigation is a cost-effective means of 
        reducing risk;
          (7) a policyholder's ability to pay for flood insurance 
        coverage should be considered for premium rate discounts; and
          (8) in the absence of widespread private insurance industry 
        participation, and as a matter of national policy, the Federal 
        Government must ensure the availability and affordability of 
        flood insurance.

               TITLE I--REAUTHORIZATION AND AFFORDABILITY

SEC. 101. PROGRAM EXTENSION.

  (a) Financing.--Subsection (a) of section 1309 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by striking 
``September 30, 2019'' and inserting ``September 30, 2024''.
  (b) Program Expiration.--Section 1319 of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4026) is amended by striking ``September 30, 
2019'' and inserting ``September 30, 2024''.
  (c) Retroactive Effective Date.--If this Act is enacted after 
September 30, 2019, the amendments made by subsections (a) and (b) 
shall take effect as if enacted on September 30, 2019.

SEC. 102. DEMONSTRATION PROGRAM FOR POLICY AFFORDABILITY.

  (a) Authority.--
          (1) In general.--The Administrator of the Federal Emergency 
        Management Agency shall establish and carry out a demonstration 
        program under this section to demonstrate the effectiveness of 
        providing means-tested discounted rates for flood insurance 
        coverage made available under the National Flood Insurance Act 
        of 1968 for eligible households.
          (2) Consultation.--The Administrator may consult with the 
        Secretary of the Treasury and the Secretary of Housing and 
        Urban Development about the implementation of the program 
        established pursuant to paragraph (1).
  (b) Eligible Households and Properties.--The Administrator may 
provide discounted premium rates pursuant to this section only for 
properties that are--
          (1) 1- to 4-family residential properties; and
          (2) the primary residence of a household whose income does 
        not exceed 80 percent of the area median income, as determined 
        by the Administrator in consultation with the Secretary of 
        Housing and Urban Development.
  (c) Income Determinations.--For purposes of the program under this 
section, the Administrator shall make determinations of household 
income on an annual basis.
  (d) Premium Discounts.--Notwithstanding any provision of the National 
Flood Insurance Act of 1968, the chargeable premium rate for flood 
insurance coverage made available under the program under this section 
shall be an amount that does not exceed 2 percent of annual area median 
income for the area within which is located the property for which the 
coverage is provided.
  (e) Disclosure of Full-risk Rate.--The Administrator shall provide to 
each policyholder purchasing flood insurance coverage under the program 
under this section for a property, not later than the commencement of 
the period of such coverage, a written statement setting forth the full 
actuarial premium rate for coverage for such property determined in 
accordance with section 1307(a)(1) of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4014(a)(1)), the amount of the premium discount for 
such coverage, and any other information the Administrator considers 
helpful to policyholders in understanding flood insurance coverage and 
costs.
  (f) Guidance.--Not later than the expiration of the 12-month period 
beginning on the date of the enactment of this Act, the Administrator 
shall issue guidance providing for the establishment of the 
demonstration program under this section, which shall include--
          (1) an estimation of the cost of the program stated in terms 
        of the aggregate of premium discounts to be made available 
        under the program;
          (2) a description of how the Administrator will determine 
        eligibility for households to participate in the program in 
        accordance with the requirements for eligibility in subsection 
        (b); and
          (3) any new requirements to which policyholders participating 
        in the program will be subject; and
          (4) the results of any consultation with the Secretary of the 
        Treasury or the Secretary of Housing and Urban Development.
  (g) Report to Congress.--
          (1) Collection of information.--The Administrator shall 
        collect by survey or other means, for each participating 
        community in the national flood insurance program and regarding 
        each year during the period beginning 5 years before 
        implementation of the demonstration program under this section 
        and ending upon the termination date under subsection (j), the 
        following information:
                  (A) The demographic characteristics of households 
                purchasing flood insurance coverage under such program.
                  (B) The average median income of such households.
                  (C) The number of properties located in areas for 
                which a major disaster related to flooding was declared 
                pursuant to the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act.
                  (D) The number of policies made available under the 
                national flood insurance program and the number and 
                aggregate amount of claims submitted under such 
                program.
                  (E) For all properties in such community receiving 
                discounted coverage under the demonstration program 
                under this section, the aggregate amount of the full 
                actuarial premium rate for coverage that is determined 
                in accordance with section 1307(a)(1) of the National 
                Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)) and 
                the aggregate amount of premium discounts provided 
                under the demonstration program.
                  (F) For all properties in such community, any changes 
                to such full actuarial premium rates due to mapping 
                changes or other factors.
          (2) Report to congress.--Not later than the expiration of the 
        5-year period beginning upon the implementation of the 
        demonstration program under this section, the Administrator 
        shall submit to the Congress a report evaluating the 
        effectiveness of the assistance provided under the program, 
        which shall include--
                  (A) a statement of the number of households 
                participating in the program and the rates of 
                participation by communities participating in the 
                national flood insurance program, including whether 
                such rates of participation have changed by year; and
                  (B) an estimate of the cost of the program to the 
                National Flood Insurance Fund under section 1310 of the 
                National Flood Insurance Act of 1968 (42 U.S.C. 4017).
  (h) Definitions.--For purposes of this section, the following 
definitions shall apply:
          (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Emergency Management Agency.
          (2) Premium discount.--The term ``premium discount'' means, 
        with respect to a policy for flood insurance coverage under the 
        national flood insurance program made available under the 
        program under this section, the amount by which the full 
        actuarial premium rate for coverage for such property that is 
        determined in accordance with section 1307(a)(1) of the 
        National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)) 
        exceeds the chargeable premium rate for the coverage made 
        available under the program under this section.
  (i) Termination.--The authority under this section to provide 
discounted premium rates for flood insurance coverage shall terminate 
on May 31, 2024.

SEC. 103. PREMIUM AND FEES RELIEF FOR FAMILIES AND SMALL BUSINESSES.

  (a) Repeal of Surcharge.--
          (1) Repeal.--Section 1308A of the National Flood Insurance 
        Act of 1968 (42 U.S.C. 4015a) is hereby repealed.
          (2) Conforming amendments.--The National Flood Insurance Act 
        of 1968 is amended--
                  (A) in section 1308(m) (42 U.S.C. 4015(m))--
                          (i) in paragraph (1), by striking ``and the 
                        surcharges required under section 1308A''; and
                          (ii) in paragraph (2), by striking ``or 
                        surcharges''; and
                  (B) in section 1310A(c) (42 U.S.C. 4017a(c)), by 
                striking paragraph (4).
  (b) Small Loan Exception to Mandatory Purchase Requirement.--
Subparagraph (A) of section 102(c)(2) of the Flood Disaster Protection 
Act of 1973 (42 U.S.C. 4012a(c)(2)(A)) is amended by striking 
``$5,000'' and inserting ``$25,000''.

SEC. 104. MONTHLY INSTALLMENT PAYMENT OF PREMIUMS.

  (a) Authority.--Subsection (g) of section 1308 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4015(g)) is amended--
          (1) by striking the subsection designation and all that 
        follows through ``With respect'' and inserting the following:
  ``(g) Frequency of Premium Collection.--
          ``(1) Options.--With respect''; and
          (2) by adding at the end the following:
          ``(2) Monthly installment payment of premiums.--
                  ``(A) Exemption from rulemaking.--Until such time as 
                the Administrator promulgates regulations implementing 
                paragraph (1) of this subsection, the Administrator may 
                adopt policies and procedures, notwithstanding any 
                other provisions of law and in alignment and consistent 
                with existing industry escrow and servicing standards, 
                necessary to implement such paragraph without 
                undergoing notice and comment rulemaking and without 
                conducting regulatory analyses otherwise required by 
                statute, regulation, or Executive order.
                  ``(B) Pilot program.--The Administrator may initially 
                implement paragraph (1) of this subsection as a pilot 
                program that provides for a gradual phase-in of 
                implementation.
                  ``(C) Policyholder protection.--The Administrator 
                may--
                          ``(i) during the 12-month period beginning on 
                        the date of the enactment of this subparagraph, 
                        charge policyholders choosing to pay premiums 
                        in monthly installments a fee for the total 
                        cost of the monthly collection of premiums not 
                        to exceed $25 annually; and
                          ``(ii) after the expiration of the 12-month 
                        period referred to in clause (i), adjust the 
                        fee charged annually to cover the total cost of 
                        the monthly collection of premiums as 
                        determined by the report submitted pursuant to 
                        subparagraph (D).
                  ``(D) Annual reports.--On an annual basis, the 
                Administrator shall report to the Committee on 
                Financial Services of the House of Representatives and 
                the Committee on Banking, Housing, and Urban Affairs of 
                the Senate the ongoing costs associated with the 
                monthly payment of premiums.''.
  (b) Implementation.--Clause (ii) of section 1307(a)(1)(B) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)(B)(ii)) is 
amended by inserting before ``any administrative expenses'' the 
following: ``the costs associated with the monthly collection of 
premiums provided for in section 1308(g) (42 U.S.C. 4015(g)), but only 
if such costs exceed the operating costs and allowances set forth in 
clause (i) of this subparagraph, and''.

SEC. 105. STATE REVOLVING LOAN FUNDS FOR LOW-INTEREST LOANS.

  Chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 
et seq.) is amended by adding at the end the following new section:

``SEC. 1326. STATE REVOLVING LOAN FUNDS FOR LOW-INTEREST LOANS.

  ``(a) Definitions.--In this section--
          ``(1) the term `Community Rating System' means the community 
        rating system carried out under section 1315(b);
          ``(2) the term `eligible State' means a State, the District 
        of Columbia, and the Commonwealth of Puerto Rico;
          ``(3) the term `insular area' means--
                  ``(A) Guam;
                  ``(B) American Samoa;
                  ``(C) the Commonwealth of the Northern Mariana 
                Islands;
                  ``(D) the Federated States of Micronesia;
                  ``(E) the Republic of the Marshall Islands;
                  ``(F) the Republic of Palau; and
                  ``(G) the United States Virgin Islands;
          ``(4) the term `intended use plan' means a plan prepared 
        under subsection (d)(1);
          ``(5) the term `low-income geographic area' means an area 
        described in paragraph (1) or (2) of section 301(a) of the 
        Public Works and Economic Development Act of 1965 (42 U.S.C. 
        3161(a));
          ``(6) the term `low-income homeowner' means the owner of a 
        primary residence, the household income of which in a taxable 
        year is not more than 80 percent of the median income for the 
        area in which the residence is located;
          ``(7) the term `participating State' means an eligible State 
        that--
                  ``(A) has entered into an agreement under subsection 
                (b)(1); and
                  ``(B) agrees to comply with the requirements of this 
                section;
          ``(8) the term `pre-FIRM building' means a building for which 
        construction or substantial improvement occurred before the 
        effective date of the initial Flood Insurance Rate Map 
        published by the Administrator under section 1360 for the area 
        in which the building is located;
          ``(9) the term `repetitive-loss property' has the meaning 
        given the term in section 1370(a);
          ``(10) the term `severe repetitive-loss property' has the 
        meaning given the term in section 1370(a);
          ``(11) the term `State loan fund' means a flood mitigation 
        assistance revolving loan fund established by an eligible State 
        under this section; and
          ``(12) the term `tribal government' means the recognized 
        government of an Indian tribe, or the governing body of an 
        Alaska Native regional or village corporation, that has been 
        determined eligible to receive services from the Bureau of 
        Indian Affairs.
  ``(b) General Authority.--
          ``(1) In general.--The Administrator may enter into an 
        agreement with an eligible State to provide a capitalization 
        grant for the eligible State to establish a revolving fund that 
        will provide funding assistance to help homeowners, businesses, 
        nonprofit organizations, and communities reduce flood risk in 
        order to decrease--
                  ``(A) the loss of life and property;
                  ``(B) the cost of flood insurance; and
                  ``(C) Federal disaster payments.
          ``(2) Timing of deposit and agreements for distribution of 
        funds.--
                  ``(A) In general.--Not later than the last day of the 
                fiscal year following the fiscal year in which a 
                capitalization grant is made to a participating State 
                under paragraph (1), the participating State shall--
                          ``(i) deposit the grant in the State loan 
                        fund of the State; and
                          ``(ii) enter into one or more binding 
                        agreements that provide for the State to 
                        distribute the grant funds for purposes 
                        authorized under subsection (c) such that--
                                  ``(I) in the case of the initial 
                                grant made under this section to a 
                                State, not less than 75 percent of the 
                                amount of the grant funds shall be 
                                distributed before the expiration of 
                                the 24-month period beginning upon 
                                deposit of such funds in the State loan 
                                fund of the State; and
                                  ``(II) in the case of any subsequent 
                                grant made under this section to a 
                                State, not less than 90 percent of the 
                                amount of the grant funds made under 
                                the capitalization grant shall be 
                                distributed before the expiration of 
                                the 12-month period beginning upon 
                                deposit of such funds in the State loan 
                                fund of the State.
                  ``(B) Noncompliance.--Except as provided in 
                subparagraph (C), if a participating State does not 
                comply with subparagraph (A) with respect to a grant, 
                the Administrator shall reallocate the grant in 
                accordance with paragraph (3)(B).
                  ``(C) Exception.--The Administrator may not 
                reallocate any funds under subparagraph (B) to a 
                participating State that violated subparagraph (A) with 
                respect to a grant made during the same fiscal year in 
                which the funds to be reallocated were originally made 
                available.
          ``(3) Allocation.--
                  ``(A) In general.--The Administrator shall allocate 
                amounts made available to carry out this section to 
                participating States--
                          ``(i) for the participating States to deposit 
                        in the State loan funds established by the 
                        participating States; and
                          ``(ii) except as provided in paragraph (6), 
                        in accordance with the requirements described 
                        in subparagraph (B).
                  ``(B) Requirements.--The requirements described in 
                this subparagraph are as follows:
                          ``(i) Fifty percent of the total amount made 
                        available under subparagraph (A) shall be 
                        allocated so that each participating State 
                        receives the percentage amount that is obtained 
                        by dividing the number of properties that were 
                        insured under the national flood insurance 
                        program in that State in the fiscal year 
                        preceding the fiscal year in which the amount 
                        is allocated by the total number of properties 
                        that were insured under the national flood 
                        insurance program in the fiscal year preceding 
                        the fiscal year in which the amount is 
                        allocated.
                          ``(ii) Fifty percent of the total amount made 
                        available under subparagraph (A) shall be 
                        allocated so that each participating State 
                        receives a percentage of funds that is equal to 
                        the product obtained under clause (iii)(IV) 
                        with respect to that participating State after 
                        following the procedures described in clause 
                        (iii).
                          ``(iii) The procedures described in this 
                        clause are as follows:
                                  ``(I) Divide the total amount 
                                collected in premiums for properties 
                                insured under the national flood 
                                insurance program in each participating 
                                State during the previous fiscal year 
                                by the number of properties insured 
                                under the national flood insurance 
                                program in that State for that fiscal 
                                year.
                                  ``(II) Add together each quotient 
                                obtained under subclause (I).
                                  ``(III) For each participating State, 
                                divide the quotient obtained under 
                                subclause (I) with respect to that 
                                State by the sum obtained under 
                                subclause (II).
                                  ``(IV) For each participating State, 
                                multiply the amount that is 50 percent 
                                of the total amount made available 
                                under subparagraph (A) by the quotient 
                                obtained under subclause (III).
                          ``(iv) Except as provided in paragraph (5), 
                        in a fiscal year--
                                  ``(I) a participating State may not 
                                receive more than 15 percent of the 
                                total amount that is made available 
                                under subparagraph (A) in that fiscal 
                                year; and
                                  ``(II) if a participating State, 
                                based on the requirements under clauses 
                                (i) through (iii), would, but for the 
                                limit under subclause (I) of this 
                                clause, receive an amount that is 
                                greater than the amount the State is 
                                authorized to receive under that 
                                subclause, the difference between the 
                                authorized amount and the amount 
                                otherwise due to the State under 
                                clauses (i) through (iii) shall be 
                                allocated to other participating 
                                States--
                                          ``(aa) that, in that fiscal 
                                        year, have not received an 
                                        amount under subparagraph (A) 
                                        that is more than the 
                                        authorized amount under 
                                        subclause (I) of this clause; 
                                        and
                                          ``(bb) by using the 
                                        requirements under clauses (i) 
                                        through (iii), except that a 
                                        participating State may receive 
                                        an allocation under this 
                                        subclause only if the 
                                        allocation does not result in 
                                        the State receiving a total 
                                        amount for the fiscal year 
                                        under subparagraph (A) that is 
                                        greater than the authorized 
                                        amount under subclause (I).
          ``(4) No revolving fund required.--
                  ``(A) In general.--Notwithstanding any other 
                provision of this section, and subject to subparagraph 
                (B), a participating State that receives less than 
                $4,000,000 under paragraph (3)(B) in a fiscal year may 
                distribute the funds directly in the form of grants or 
                technical assistance for a purpose described in 
                subsection (c)(2), without regard to whether the State 
                has established a State loan fund.
                  ``(B) State matching.--A participating State that 
                exercises the authority under subparagraph (A) in a 
                fiscal year shall provide matching funds from non-
                Federal sources in an amount that is equal to 15 
                percent of the amount that the State receives under 
                paragraph (3)(B) in that fiscal year for purposes 
                described in subparagraph (A).
          ``(5) Allocation of remaining funds.--After allocating 
        amounts made available to carry out this section for a fiscal 
        year in accordance with paragraph (3), the Administrator shall 
        allocate any remaining amounts made available for that fiscal 
        year to participating States, using the procedures described in 
        clauses (i) through (iii) of paragraph (3)(B).
          ``(6) Allocation for tribal governments and insular areas.--
        The Administrator shall reserve not less than 5.0 percent of 
        the amount made available to carry out this section in a fiscal 
        year to enter into grant agreements with tribal governments and 
        insular areas, with the grant funds to be distributed--
                  ``(A) according to criteria established by the 
                Administrator; and
                  ``(B) for a purpose described in subsection (c)(2).
          ``(7) Administrative costs; technical assistance.--The 
        Administrator shall reserve not more than 2.5 percent of the 
        amount made available to carry out this section in a fiscal 
        year--
                  ``(A) for administrative costs incurred in carrying 
                out this section; and
                  ``(B) to provide technical assistance to recipients 
                of grants under this section.
  ``(c) Use of Funds.--
          ``(1) In general.--Amounts deposited in a State loan fund, 
        including repayments of loans made from the fund and interest 
        earned on the amounts in the fund, shall be used--
                  ``(A) consistent with paragraphs (2) and (3) and 
                subsection (g), to provide financial assistance for--
                          ``(i) homeowners, businesses, and nonprofit 
                        organizations that are eligible to participate 
                        in the national flood insurance program;
                          ``(ii) any local government that participates 
                        in the national flood insurance program; and
                          ``(iii) any State government agencies or 
                        subdivisions of any State government that 
                        engage in floodplain management activities;
                  ``(B) as a source of revenue and security for 
                leveraged loans, the proceeds of which shall be 
                deposited in the State loan fund; or
                  ``(C) for the sale of bonds as security for payment 
                of the principal and interest on revenue or general 
                obligation bonds issued by the participating State to 
                provide matching funds under subsection (g), if the 
                proceeds from the sale of the bonds are deposited in 
                the State loan fund.
          ``(2) Purposes.--A recipient of financial assistance provided 
        through amounts from a State loan fund--
                  ``(A) shall use the amounts to reduce--
                          ``(i) flood risk; or
                          ``(ii) potential flood claims submitted under 
                        the national flood insurance program;
                  ``(B) shall use the amounts in a cost-effective 
                manner under requirements established by the State, 
                which may require an applicant for financial assistance 
                to submit any information that the State considers 
                relevant or necessary before the date on which the 
                applicant receives the assistance;
                  ``(C) shall use the amounts for projects that--
                          ``(i) meet design and construction standards 
                        established by the Administrator;
                          ``(ii) are located in communities that--
                                  ``(I) participate in the national 
                                flood insurance program; and
                                  ``(II) have developed a State, local, 
                                or tribal government hazard mitigation 
                                plan that has been approved by the 
                                Administrator under section 1366;
                          ``(iii)(I) address a repetitive-loss property 
                        or a severe repetitive-loss property; or
                          ``(II) address flood risk in the 500-year 
                        floodplain, areas of residual flood risk, or 
                        other areas of potential flood risk, as 
                        identified by the Administrator; and
                          ``(iv) address current risk and anticipate 
                        future risk, such as sea-level rise;
                  ``(D) may use the amounts--
                          ``(i) for projects relating to--
                                  ``(I) structural elevation;
                                  ``(II) floodproofing;
                                  ``(III) the relocation or removal of 
                                buildings from the 100-year floodplain 
                                or other areas of flood risk, including 
                                the acquisition of properties for such 
                                a purpose;
                                  ``(IV) environmental restoration 
                                activities that directly reduce flood 
                                risk;
                                  ``(V) any eligible activity described 
                                in subparagraphs (A) through (G) of 
                                section 1366(c)(3); or
                                  ``(VI) other activities determined 
                                appropriate by the Administrator;
                          ``(ii) with respect to a project described in 
                        clause (i), only for expenditures directly 
                        related to a project described in that clause, 
                        including expenditures for planning, design, 
                        and associated pre-construction activities; and
                          ``(iii) to acquire, for the purposes of 
                        permanent protection, land, buildings, or a 
                        conservation easement from a willing seller or 
                        grantor;
                  ``(E) may not use the amounts--
                          ``(i) to construct buildings or expand 
                        existing buildings unless the activity is for 
                        the purpose of flood mitigation;
                          ``(ii) to improve any structure, unless the 
                        recipient has obtained flood insurance coverage 
                        in an amount at least equal to the lesser of 
                        the eligible project costs or the maximum 
                        insurable limit for the structure under the 
                        national flood insurance program coverage for 
                        the structure, which coverage shall be 
                        maintained for the useful life of the 
                        structure;
                          ``(iii) to improve a residential property 
                        with an appraised value that is not less than 
                        125 percent of the limitation on the maximum 
                        original principal obligation of a conventional 
                        mortgage that may be purchased by the Federal 
                        National Mortgage Association or the Federal 
                        Home Loan Mortgage Corporation in the area in 
                        which the property is located, as established 
                        under section 302(b)(2) of the Federal National 
                        Mortgage Association Charter Act (12 U.S.C. 
                        1717(b)(2)) and section 305(a)(2) of the 
                        Federal Home Loan Mortgage Corporation Act (12 
                        U.S.C. 1454(a)(2));
                          ``(iv) for the direct benefit of a homeowner 
                        if the annual household adjusted gross income 
                        of the homeowner during the previous fiscal 
                        year was not less than $200,000, as annually 
                        adjusted by the Administrator to reflect 
                        changes in the Consumer Price Index for All 
                        Urban Consumers, as published by the Bureau of 
                        Labor Statistics of the Department of Labor and 
                        rounded to the nearest $25; or
                          ``(v) to acquire real property or an interest 
                        in real property unless the property is 
                        purchased from a willing seller; and
                  ``(F) shall, in the use of such amounts, give 
                priority to the maximum extent practicable to projects 
                that assist low-income homeowners and low-income 
                geographical areas.
  ``(d) Intended Use Plans.--
          ``(1) In general.--After providing the opportunity for public 
        review and comment, each participating State shall annually 
        prepare a plan that identifies, for the year following the date 
        of issuance of the intended use plan, the intended uses of the 
        amounts available in the State loan fund of the participating 
        State.
          ``(2) Consultation during preparation.--Each participating 
        State, in preparing an intended use plan, shall ensure that the 
        State agency with primary responsibility for floodplain 
        management--
                  ``(A) provides oversight with respect to the 
                preparation of the intended use plan; and
                  ``(B) consults with any other appropriate State 
                agency, including agencies responsible for coastal and 
                environmental management.
          ``(3) Contents.--A participating State shall, in each 
        intended use plan--
                  ``(A) include--
                          ``(i) an explanation of the mitigation and 
                        resiliency benefits the State intends to 
                        achieve, including by--
                                  ``(I) reducing future damage and loss 
                                associated with flooding;
                                  ``(II) reducing the number of severe 
                                repetitive-loss properties and 
                                repetitive-loss properties in the 
                                State;
                                  ``(III) decreasing the number of 
                                flood insurance claims in the State; 
                                and
                                  ``(IV) increasing the rating under 
                                the Community Rating System for 
                                communities in the State;
                          ``(ii) information with respect to the 
                        availability of, and the application process 
                        for receiving, financial assistance from the 
                        State loan fund of the State;
                          ``(iii) the criteria and methods established 
                        for the distribution of amounts from the State 
                        loan fund of the State;
                          ``(iv) the amount of financial assistance 
                        that the State anticipates allocating to--
                                  ``(I) local government projects; and
                                  ``(II) projects for homeowners, 
                                business, or nonprofit organizations;
                          ``(v) the expected terms of the assistance 
                        provided under clause (iv); and
                          ``(vi) a description of the financial status 
                        of the State loan fund and the short-term and 
                        long-term goals of the State loan fund; and
                  ``(B) provide, to the maximum extent practicable, 
                that priority for the use of amounts from the State 
                loan fund shall be given to projects that--
                          ``(i) address severe repetitive-loss 
                        properties and repetitive-loss properties;
                          ``(ii) assist low-income homeowners and low-
                        income geographic areas; and
                          ``(iii) address flood risk for pre-FIRM 
                        buildings.
          ``(4) Publication.--Each participating State shall publish 
        and periodically update a list of all projects receiving 
        funding from the State loan fund of the State, which shall 
        include identification of--
                  ``(A) the community in which the project is located;
                  ``(B) the type and amount of assistance provided for 
                each project; and
                  ``(C) the expected funding schedule and date of 
                completion of each project.
  ``(e) Fund Management.--Amounts in a State loan fund shall--
          ``(1) remain available for providing financial assistance 
        under this section until distributed;
          ``(2) if the amounts are not required for immediate 
        distribution or expenditure, be invested in interest-bearing 
        obligations; and
          ``(3) except as provided in subsection (i), include only--
                  ``(A) amounts received from capitalization grants 
                made under this section;
                  ``(B) repayments of loans made from the fund; and
                  ``(C) interest earned on amounts in the fund.
  ``(f) Matching Funds.--
          ``(1) Full grant.--On or before the date on which a 
        participating State receives a capitalization grant, the State 
        shall deposit into the State loan fund of the State, in 
        addition to the amount of the capitalization grant, an amount 
        from non-Federal sources that is not less than 10 percent of 
        the total amount of the capitalization grant.
          ``(2) Reduced grant.--Notwithstanding paragraph (1), if a 
        State deposits in the State loan fund of the State in 
        connection a capitalization grant an amount from non-Federal 
        sources that is less than 10 percent of the total amount of the 
        capitalization grant that would otherwise be received by the 
        State, the Administrator shall reduce the amount of the 
        capitalization grant received by the State to the amount that 
        is 10 times the amount so deposited and shall allocate such 
        remaining grant amounts under subsection (b)(5) together with 
        the amounts allocated under such subsection.
  ``(g) Types of Assistance.--Unless otherwise prohibited by State law, 
a participating State may use the amounts deposited into a State loan 
fund under this section only--
          ``(1) to make a loan, on the condition that--
                  ``(A) the interest rate for the loan is not more than 
                the market interest rate;
                  ``(B) the recipient of the loan will begin making 
                principal and interest payments on the loan not later 
                than 1 year after the date on which the project for 
                which the loan was made is completed;
                  ``(C) the loan will be fully amortized not later than 
                20 years after the date on which the project for which 
                the loan was made is completed, except that, in the 
                case of a loan made for a project in a low-income 
                geographic area or to a low-income homeowner, the State 
                may provide a longer amortization period for the loan 
                if that longer period--
                          ``(i) ends on a date that is not later than 
                        30 years after the date on which the project is 
                        completed; and
                          ``(ii) is not longer than the expected design 
                        life of the project;
                  ``(D) the recipient of the loan demonstrates, based 
                on verified and documented information that, at the 
                time the loan is consummated, that the recipient has a 
                reasonable ability to repay the loan, according to its 
                terms, except that this subparagraph may not be 
                construed to authorize any reduction or limitation in 
                efforts to comply with the requirements of subsection 
                (c)(2)(E) (relating to priority for assistance for low-
                income homeowners and low-income geographical areas); 
                and
                  ``(E) payments of principal and interest with respect 
                to the loan will be deposited into the State loan fund;
          ``(2) to buy or refinance the debt obligation of a local 
        government related to flood mitigation or resiliency 
        activities, at an interest rate that is not more than the 
        market interest rate;
          ``(3) to guarantee, or purchase insurance for, a local 
        obligation, the proceeds of which finance a project eligible 
        for assistance under this section, if the guarantee or 
        purchase, as applicable, would--
                  ``(A) improve credit market access; or
                  ``(B) reduce the interest rate with respect to the 
                obligation;
          ``(4) as a source of revenue or as security for the payment 
        of principal and interest on revenue or general obligation 
        bonds issued by the State if the proceeds of the sale of the 
        bonds will be deposited into the State loan fund; or
          ``(5) to earn interest on those amounts.
  ``(h) Assistance for Low-Income Homeowners and Low-Income Geographic 
Areas.--
          ``(1) In general.--Notwithstanding any other provision of 
        this section, if a participating State uses amounts from a 
        State loan fund to provide financial assistance under 
        subsection (c) in a low-income geographic area or to a low-
        income homeowner, the State may provide additional 
        subsidization to the recipient of the assistance, including 
        forgiveness of the principal of a loan.
          ``(2) Limitation.--For each fiscal year, the total amount of 
        additional subsidization provided by a participating State 
        under paragraph (1) may not exceed 30 percent of the amount of 
        the capitalization grant allocated to the State for that fiscal 
        year.
  ``(i) Administration of Fund.--
          ``(1) In general.--A participating State may combine the 
        financial administration of a State loan fund with the 
        financial administration of any other revolving fund 
        established by the State if--
                  ``(A) combining the administration of the funds 
                would--
                          ``(i) be convenient and avoid administrative 
                        costs; and
                          ``(ii) not violate the law of the State; and
                  ``(B) the Administrator determines that--
                          ``(i) amounts obtained from a grant made 
                        under this section, amounts obtained from the 
                        repayment of a loan made from a State loan 
                        fund, and interest earned on amounts in a State 
                        loan fund will be--
                                  ``(I) accounted for separately from 
                                amounts from other revolving funds; and
                                  ``(II) used only for purposes 
                                authorized under this section; and
                          ``(ii) after consulting with the appropriate 
                        State agencies, the authority to establish 
                        assistance priorities and carry out oversight 
                        and related activities, other than financial 
                        administration, with respect to flood 
                        assistance remains with the State agency with 
                        primary responsibility for floodplain 
                        management.
          ``(2) Administrative and technical costs.--
                  ``(A) In general.--For each fiscal year, a 
                participating State may use the amount described in 
                subparagraph (B) to--
                          ``(i) pay the reasonable costs of 
                        administration of the programs under this 
                        section, including the recovery of reasonable 
                        costs incurred in establishing a State loan 
                        fund;
                          ``(ii) provide appropriate oversight of 
                        projects authorized under this section; and
                          ``(iii) provide technical assistance and 
                        outreach to recipients in the State of amounts 
                        under this section, including with respect to 
                        updating hazard mitigation plans and 
                        participating in the Community Rating System, 
                        in an amount that is not more than 4 percent of 
                        the funds made available to the State under 
                        this section.
                  ``(B) Description.--The amount described in this 
                subparagraph is an amount equal to the sum of--
                          ``(i) any fees collected by a participating 
                        State to recover the costs described in 
                        subparagraph (A)(i), regardless of the source; 
                        and
                          ``(ii) the greatest of--
                                  ``(I) $400,000;
                                  ``(II) 0.2 percent of the value of 
                                the State loan fund of a State, as of 
                                the date on which the valuation is 
                                made; and
                                  ``(III) an amount equal to 7 percent 
                                of all grant awards made to a 
                                participating State for the State loan 
                                fund of the State under this section 
                                for the fiscal year.
          ``(3) Audit and report.--
                  ``(A) Audit requirement.--Not less frequently than 
                biennially, each participating State shall conduct an 
                audit of the State loan fund of the State.
                  ``(B) Report.--Each participating State shall submit 
                to the Administrator a biennial report regarding the 
                activities of the State under this section during the 
                period covered by the report, including--
                          ``(i) the result of any audit conducted by 
                        the State under subparagraph (A); and
                          ``(ii) a review of the effectiveness of the 
                        State loan fund of the State with respect to--
                                  ``(I) the intended use plans of the 
                                State; and
                                  ``(II) meeting the objectives 
                                described in subsection (b)(1).
          ``(4) Oversight.--In conducting oversight with respect to 
        State loan funds established under this section, the 
        Administrator--
                  ``(A) shall--
                          ``(i) periodically audit the funds in 
                        accordance with procedures established by the 
                        Comptroller General of the United States; and
                          ``(ii) not less frequently than once every 4 
                        years, review each State loan fund to determine 
                        the effectiveness of the fund in reducing flood 
                        risk; and
                  ``(B) may, at any time--
                          ``(i) make recommendations to a participating 
                        State with respect to the administration of the 
                        State loan fund of the State; or
                          ``(ii) require specific changes with respect 
                        to a State loan fund in order to improve the 
                        effectiveness of the fund.
  ``(j) Liability Protections.--The Federal Government shall not be 
liable for any claim based upon the exercise or performance of, or the 
failure to exercise or perform, a discretionary function or duty on the 
part of the Federal agency, or an employee of the Federal Government, 
in carrying out the provision of this section.
  ``(k) Regulations.--The Administrator shall promulgate such guidance 
or regulations as may be necessary to carry out this section, including 
guidance or regulations that--
          ``(1) ensure that each participating State to which funds are 
        allocated under this section uses the funds as efficiently as 
        possible;
          ``(2) reduce, to the maximum extent practicable, waste, 
        fraud, and abuse with respect to the implementation of this 
        section; and
          ``(3) require any party that receives funds directly or 
        indirectly under this section, including a participating State 
        and a recipient of amounts from a State loan fund, to use 
        procedures with respect to the management of the funds that 
        conform to generally accepted accounting standards.
  ``(l) Authorization of Appropriations.--There ia authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 2020 through 2024.''.

SEC. 106. USE OF REPLACEMENT COST VALUE IN ESTIMATING PREMIUM RATES.

  Section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4014) is amended by adding at the end the following new subsection:
  ``(i) Use of Replacement Cost Value.--In determining affordability 
for insurance provided under this title, the Administrator may 
consider, where appropriate, the impact of the inclusion of the 
replacement cost or other settlement basis of the structure.''.

SEC. 107. REFUND OF PREMIUMS UPON CANCELLATION OF POLICY BECAUSE OF 
                    REPLACEMENT WITH PRIVATE FLOOD INSURANCE.

  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:
  ``(e) Refund of Unearned Premiums for Policies Canceled Because of 
Replacement With Private Flood Insurance.--
          ``(1) Required refund.--Subject to subsection (c), if at any 
        time an insured under a policy for flood insurance coverage for 
        a property that is made available under this title cancels such 
        policy because other duplicate flood insurance coverage for the 
        same property has been obtained from a source other than the 
        National Flood Insurance Program under this title, the 
        Administrator shall refund to the former insured a portion of 
        the premiums paid for the coverage made available under this 
        title, as determined consistent with industry practice 
        according to the portion of the term of the policy that such 
        coverage was in effect, but only if a copy of declarations page 
        of the new policy obtained from a source other than the program 
        under this title is provided to the Administrator.
          ``(2) Effective date of cancellation.--For purposes of this 
        subsection, a cancellation of a policy for coverage made 
        available under the National Flood Insurance Program under this 
        title, for the reason specified in paragraph (1), shall be 
        effective--
                  ``(A) on the effective date of the new policy 
                obtained from a source other than the program under 
                this title, if the request for such cancellation was 
                received by the Administrator before the expiration of 
                the 6-month period beginning on the effective date of 
                the new policy; or
                  ``(B) on the date of the receipt by the Administrator 
                of the request for cancellation, if the request for 
                such cancellation was received by the Administrator 
                after the expiration of the 6-month period beginning on 
                the effective date of the new policy.
          ``(3) Prohibition of refunds for properties receiving 
        increased cost of compliance claims.--No premium amounts paid 
        for coverage made available under this title may be refunded 
        pursuant to this subsection--
                  ``(A) with respect to coverage for any property for 
                which measures have been implemented using amounts 
                received pursuant to a claim under increased cost of 
                compliance coverage made available pursuant to section 
                1304(b); or
                  ``(B) if a claim has been paid or is pending under 
                the policy term for which the refund is sought.''.

                           TITLE II--MAPPING

SEC. 201. REAUTHORIZATION OF APPROPRIATIONS FOR NATIONAL FLOOD MAPPING 
                    PROGRAM.

  Subsection (f) of section 100216 of the Biggert-Waters Flood 
Insurance Reform Act of 2012 (42 U.S.C. 4101(b)) is amended by striking 
``$400,000,000 for each of fiscal years 2013 through 2017'' and 
inserting ``$500,000,000 for each of fiscal years 2019 through 2023''.

SEC. 202. NATIONAL FLOOD MAPPING PROGRAM.

  (a) Inclusion of Cadastral Features in Rate Maps.--Section 
100216(b)(3) of the Biggert-Waters Flood Insurance Reform Act of 2012 
(42 U.S.C. 4101b(b)(3)) is amended--
          (1) in subparagraph (D), by striking ``and'' at the end;
          (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
          (3) by adding at the end the following:
                  ``(F) cadastral features, including, for each 
                cadastral feature--
                          ``(i) the associated parcel identification 
                        data for such cadastral feature; and
                          ``(ii) to the maximum extent practicable, 
                        using public and private sector address data, 
                        the address of such cadastral feature.''.
  (b) Format of Rate Maps.--Section 100216(c)(2) of the Biggert-Waters 
Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b(c)(2)) is amended--
          (1) in subparagraph (B), by striking ``and'' at the end;
          (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
          (3) by adding at the end the following:
                  ``(D) spatially accurate in accordance with the 
                common protocols for geospatial data under section 757 
                of the Geospatial Data Act of 2018 (43 U.S.C. 2806).''.
  (c) Additional Considerations.--Section 100216 of the Biggert-Waters 
Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b) is amended--
          (1) by redesignating subsection (f) as subsection (m); and
          (2) by inserting after subsection (e) the following:
  ``(g) Stream Flow Networks.--
          ``(1) In general.--The Administrator shall coordinate with 
        the United States Geological Survey for the sharing of data 
        from stream flow networks critical to the National Flood 
        Insurance Program, flood risk mapping, and flood risk 
        assessments, to ensure that--
                  ``(A) the stream gage stations in such stream flow 
                networks are operational and use modern hardware;
                  ``(B) such stream flow networks are sufficiently 
                densified by adding new stream gage stations in high-
                risk areas;
                  ``(C) inactive critical stream gage stations in such 
                stream flow networks are reactivated; and
                  ``(D) the speed of the geospatial real-time data 
                feeds from such stream gage stations is increased.
          ``(2) Definitions.--In this subsection:
                  ``(A) Stream flow network.--The term `stream flow 
                network' means a network of stream flow gages 
                maintained under the direction of the United States 
                Geological Survey and its partners that is used to 
                measure or record the flow of water down a stream or 
                river, or through an entire watershed system, and 
                transmit such information using a geospatial real-time 
                data feed.
                  ``(B) Stream gage station.--The term `stream gage 
                station' means a device installed at the edge of a 
                river or stream that measures or records the flow of 
                water down the stream and additional information such 
                as water height, water chemistry, and water 
                temperature.
          ``(3) Rule of construction.--The purpose of this subsection 
        is to require cooperation between the Federal Emergency 
        Management Agency and United States Geological Survey and 
        nothing in this subsection may be construed to require or 
        obligate funding expenditures.
  ``(h) Availability of Data to Public.--The Administrator shall make 
available to the public on the website of the Federal Emergency 
Management Agency a national geospatial data repository that--
          ``(1) provides access to the raw data used to include the 
        cadastral features and parcel identification data in National 
        Flood Insurance Program rate maps;
          ``(2) to the extent that such data is available, allows users 
        to view, query, and obtain such data at multiple levels of 
        detail, including down to the property level;
          ``(3) allows users to view flood risks, flood insurance 
        zones, and flood elevations;
          ``(4) provides access to flood mapping and related 
        information such as--
                  ``(A) hydrologic and hydraulic models used in 
                determining flood risk;
                  ``(B) structure footprints where available as part of 
                a national structure inventory;
                  ``(C) flood depth grids;
                  ``(D) flood risk reports;
                  ``(E) flood risk assessments (Hazus analyses);
                  ``(F) hazard mitigation plans; and
                  ``(G) other flood risk products at the discretion of 
                the Administrator; and
          ``(5) maintains and disseminates such data in a consistent 
        manner.
  ``(i) Ensuring Current Data.--Not less frequently than once every 5 
years, the Administrator shall verify that each National Flood 
Insurance Program rate map contains data that is current and credible.
  ``(j) Qualifications-Based Selection Contracting.--
          ``(1) In general.--With respect to a contract awarded by the 
        Administrator under this Act, or by an entity receiving a grant 
        under this Act, for program management, architectural and 
        engineering services, or surveying and mapping, such a contract 
        shall be awarded to a contractor selected in accordance with 
        the procedures described in section 1103 of title 40, United 
        States Code (or an applicable equivalent State qualifications-
        based statute). The Administrator, or entity, as the case may 
        be, shall require such contractor, as a condition of such 
        contract, to award any subcontract for program management, 
        architectural and engineering services, or surveying and 
        mapping in accordance with the procedures described in the 
        previous sentence, or the applicable equivalent State statute.
          ``(2) Relationship to state law.--Nothing in this subsection 
        shall supersede any applicable State licensing law governing 
        professional licensure.
          ``(3) Definitions.--In this subsection:
                  ``(A) Architectural and engineering services.--The 
                term `architectural and engineering services' has the 
                meaning given that term in section 1102 of title 40, 
                United States Code.
                  ``(B) Surveying and mapping.--The term `surveying and 
                mapping' includes geospatial activities associated with 
                measuring, locating, and preparing maps, charts, or 
                other graphical or digital presentations depicting 
                natural and man-made physical features, phenomena, and 
                legal boundaries of the earth, including the following:
                          ``(i) Topographic Engineering Surveying, 
                        including acquisition of topographic oriented 
                        surveying and mapping data for design, 
                        construction, master planning, operations, as-
                        built conditions, precise structure stability 
                        studies using conventional and electronic 
                        instrumentation, photogrammetric, LiDAR, remote 
                        sensing, inertial, satellite, and other manned 
                        and unmanned survey methods as applicable.
                          ``(ii) Hydrographic Engineering Surveying, 
                        including acquisition of hydrographic oriented 
                        surveying and mapping data for design, 
                        construction, dredging, master planning, 
                        operations, and as-built conditions using 
                        conventional and electronic instrumentation, 
                        and photogrammetric, remote sensing, inertial, 
                        satellite, side scan sonar, subbottom 
                        profiling, and other surveying methods, as 
                        applicable.
                          ``(iii) Land Surveying, including property 
                        and boundary surveys, monumentation, marking 
                        and posting, and preparation of tract 
                        descriptions, using conventional, electronic 
                        instrumentation, photogrammetric, inertial, 
                        satellite, and other survey methods, as 
                        applicable.
                          ``(iv) Geodetic Surveying, including first, 
                        second, and third order horizontal and vertical 
                        control surveys, geodetic astronomy, gravity 
                        and magnetic surveys using conventional, 
                        electronic instrumentation, photogrammetric, 
                        inertial, satellite, and other survey methods, 
                        as applicable.
                          ``(v) Cartographic Surveying, including 
                        acquisition of topographic and hydrographic 
                        oriented surveying and mapping data for 
                        construction of maps, charts, and similar 
                        products for planning, flood analysis, and 
                        general use purposes using conventional and 
                        electronic instrumentation, photogrammetric, 
                        inertial, satellite, mobile, terrestrial, and 
                        other survey methods, as applicable.
                          ``(vi) Mapping, charting, and related 
                        geospatial database development, including the 
                        design, compilation, digitizing, attributing, 
                        scribing, drafting, printing and dissemination 
                        of printed or digital map, chart, and related 
                        geospatial database products associated with 
                        planning, engineering, operations, and related 
                        real estate activities using photogrammetric, 
                        geographic information systems, and other 
                        manual and computer assisted methods, as 
                        applicable.
  ``(k) Definitions.--In this section:
          ``(1) Cadastral feature.--The term `cadastral feature' means 
        the geographic elements and features--
                  ``(A) that are independent of elevation, such as 
                roads, structure footprints, and rivers and lakes;
                  ``(B) which are represented on maps to show the true 
                location and size of the elements in relationship to 
                each other, as they are seen from the air; and
                  ``(C) that are mapped from LiDAR or aerial 
                photography by employing basic photogrammetry.
          ``(2) Parcel identification data.--The term `parcel 
        identification data' means the information associated with a 
        parcel of land, including the geographic location, unique 
        parcel identifier, boundaries, structures contained within the 
        parcel, zoning classification, and owner.''.

SEC. 203. FLOOD MAPPING MODERNIZATION AND HOMEOWNER EMPOWERMENT PILOT 
                    PROGRAM.

  (a) In General.--The Administrator of the Federal Emergency 
Management Agency shall carry out a pilot program to make grants to 
units of local government to enhance the mapping of urban flooding and 
associated property damage and the availability of such mapped data to 
homeowners, businesses, and units of local government to enable them to 
minimize the risk of such flooding.
  (b) Objectives.--Amounts from grants made under the pilot program 
under this section may be used only to carry out activities to meet the 
following objectives:
          (1) To develop a methodology for assessing urban flood risk 
        through the deployment of technology-based mapping tools that 
        are easily understandable by the public and effectively convey 
        information regarding the level of flood risk.
          (2) To provide structure-specific projections of annual 
        chance flood frequency.
          (3) To provide structure-based flood-risk assessments.
          (4) To provide urban flood-risk mitigation program design.
          (5) To incorporate information regarding climate trends into 
        urban flooding risk assessments.
          (6) To make the information described in this subsection 
        publicly available on the internet through a web-based portal 
        so as to increase transparency regarding homeowner flood risks, 
        except that the Administrator may not disclose such information 
        to the public or to a private company in a manner that violates 
        section 552a of title 5, United States Code, or any regulation 
        implementing that section.
  (c) Eligible Recipients.--
          (1) In general.--Grants under the pilot program under this 
        section may be made only to units of general local government 
        located in urbanized areas, as such term is used by the Bureau 
        of the Census of the Department of Commerce, having populations 
        exceeding 50,000 or to stormwater management authorities of 
        such units of general local government.
          (2) One-time grants.--A grant under the pilot program under 
        this section may not be made to--
                  (A) any unit of general local governmental, or 
                stormwater management authority of a unit of general 
                government, that has previously received a grant under 
                the pilot program;
                  (B) any unit of general local government if the 
                stormwater management agency for such unit has 
                previously received a grant under the pilot program; or
                  (C) any stormwater management agency of a unit of 
                general local government if such unit has previously 
                received a grant under the pilot program.
          (3) Treatment of stormwater management authorities.--In the 
        case of a stormwater management authority that operates with 
        respect to more than one unit of general local government, the 
        application of such authority shall be considered for purposes 
        of paragraph (2) of this subsection and subsections (e), (f), 
        and (g)(1) to be made for the largest unit of general local 
        government for which such authority operates. The preceding 
        sentence shall not limit the ability of such authority to carry 
        out activities under the demonstration project in any other 
        jurisdictions or unit of local government with respect to which 
        the authority operates.
  (d) Applications.--To be eligible for a grant under this section a 
unit of general local government or stormwater management agency shall 
submit to the Administrator an application in such form and containing 
such information as the Administrator shall require.
  (e) Selection of Recipients.--
          (1) Annual selection.--Subject to paragraph (2) and to the 
        submission of approvable applications, in each fiscal year for 
        which amounts are made available for grants under the pilot 
        program under this section the Administrator shall select, from 
        among applications submitted under subsection (d) for such 
        fiscal year, 3 units of general government or stormwater 
        management authorities to receive grants under the pilot 
        program under this section.
          (2) Aggregate limit.--Subject only to the submission of 
        approvable applications, the Administrator shall select, in the 
        aggregate over the entire duration of the pilot program under 
        this section, 12 units of general government or stormwater 
        management authorities to receive grants under the pilot 
        program, as follows:
                  (A) Tier 1.--Three of the applicants selected shall 
                be units of general local government, or stormwater 
                management authorities for such units, having a 
                population exceeding 800,000, as follows:
                          (i) Pelagic coastal city.--One shall be a 
                        unit of general local government, or stormwater 
                        authority for such a unit, that is a pelagic 
                        unit.
                          (ii) Non-pelagic coastal city.--One shall be 
                        unit of general local government, or stormwater 
                        authority for such a unit, that is a coastal 
                        unit, but not a pelagic unit.
                          (iii) Non-coastal city.--One shall be unit of 
                        general local government, or stormwater 
                        authority for such a unit, that is not a 
                        coastal unit.
                  (B) Tier 2.--Six of the applicants selected shall be 
                units of general local government, or stormwater 
                management authorities for such units, having a 
                population exceeding 200,000 but not exceeding 800,000, 
                as follows:
                          (i) Coastal cities.--Three shall be units of 
                        general local government, or stormwater 
                        management authorities for such units, that are 
                        coastal units.
                          (ii) Non-coastal cities.--Three shall be 
                        units of general local government, or 
                        stormwater management authorities for such 
                        units, that are not coastal units.
                  (C) Tier 3.--Three of the applicants selected shall 
                be units of general local government, or stormwater 
                management authorities for such units, having a 
                population exceeding 50,000 but not exceeding 200,000.
  (f) Priority.--
          (1) In general.--The Administrator shall select applicants 
        for grants under the pilot program under this section based on 
        the extent to which their applications will achieve the 
        objectives set forth in subsection (b).
          (2) Tiers 2 and 3.--In selecting applicants to receive grants 
        under the pilot program under this section pursuant to 
        subparagraphs (B) and (C) of subsection (e)(2), the 
        Administrator shall give priority to applicants--
                  (A) that are highly vulnerable to sea level rise;
                  (B) within which are located a military installation 
                or other facility relating to national security 
                concerns; or
                  (C) that have a population that is highly vulnerable 
                to urban flooding and have an uneven capacity for flood 
                mitigation and response efforts resulting from 
                socioeconomic factors.
  (g) Amount.--
          (1) Considerations.--In determining the amount of grant under 
        the pilot program under this section, the Administrator shall 
        consider the population of the grant recipient, which may be 
        considered in terms of the tier under subsection (e)(2) of the 
        recipient.
          (2) Federal share.--The amount of a grant under the pilot 
        program under this section may not exceed 75 percent of the 
        total cost of the activities under subsection (b) to be carried 
        out using the grant amounts.
  (h) Duration.--The Administrator shall require each recipient of a 
grant under the pilot program under this section to complete the 
activities under subsection (b) to be carried out using the grant 
amounts before the expiration of the 18-month period beginning upon the 
initial receipt of grant amounts under the pilot program.
  (i) Use of Census Data.--The Administrator shall make all 
determinations under the pilot program regarding population using the 
most recent available data from the decennial census.
  (j) Grantee Reports to FEMA.--Each recipient of a grant under the 
pilot program under this section shall, not later than the expiration 
of the 30-month period beginning upon the initial receipt of any such 
grant amounts, submit to the Administrator a report that describes--
          (1) the activities carried out with amounts from the grant;
          (2) how the activities carried out with such grant amounts 
        have met the objectives described in subsection (b); and
          (3) any lessons learned in carrying out such activities and 
        any recommendations for future mapping modernization efforts by 
        the Federal Emergency Management Agency.
  (k) Biennial Reports by FEMA.--Not later than the expiration of the 
24-month period beginning on the date of the enactment of this Act, and 
not later than the expiration of each successive 24-month period 
thereafter until the completion of all activities carried out with 
amounts from grants under the pilot program under this section, the 
Administrator shall submit to the Congress and make available to the 
public on an internet website a report that--
          (1) describes--
                  (A) the progress of the activities carried out with 
                amounts from such grants; and
                  (B) the effectiveness of technology-based mapping 
                tools used in carrying out the activities described in 
                subparagraph (A); and
          (2) with respect to the final report that the Administrator 
        is required to submit under this subsection, includes 
        recommendations to the Congress and the executive branch of the 
        Federal Government for implementing strategies, practices, and 
        technologies to mitigate the effects of urban flooding.
  (l) Sense of Congress.--It is the sense of the Congress that, because 
the pilot program is limited with respect to scope and resources, 
communities that participate in the pilot program should acknowledge 
that the most successful efforts to mitigate the effects of urban 
flooding--
          (1) take a structural-based mitigation approach with respect 
        to construction, which includes--
                  (A) recognizing any post-storm damage that may occur; 
                and
                  (B) pursuing designs that proactively minimize future 
                flood damage;
          (2) make individuals in the community aware, through any 
        cost-effective and available means of education, of the best 
        approaches regarding the construction of properties that are 
        able to survive floods, which reduces the cost of future 
        repairs; and
          (3) encourage home and property owners to consider the 
        measures described in paragraphs (1) and (2), which are the 
        most cost-effective and prudent ways to reduce the impact of 
        flooding, when constructing or renovating building components.
  (m) Definitions.--For purposes of this section, the following 
definitions shall apply:
          (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Emergency Management Agency.
          (2) Coastal.--The term ``coastal'' means, with respect to a 
        unit of general local government, that the unit borders a body 
        of water that--
                  (A) exceeds 2,000 square miles in size; and
                  (B) is not a river.
          (3) Pelagic.--The term ``pelagic'' means, with respect to a 
        unit of general local government, that the unit is a coastal 
        unit and the body of water that the unit borders is an ocean or 
        other large, open body of water (including bays and gulfs) that 
        empties into an ocean.
          (4) Urban flooding.--
                  (A) In general.--The term ``urban flooding'' means 
                the inundation of property in a built environment, 
                particularly in more densely populated areas, caused 
                either by falling rain collecting on impervious 
                surfaces or increasing the levels of nearby water 
                bodies and overwhelming the capacity of drainage 
                systems, such as storm sewers, including--
                          (i) situations in which stormwater enters 
                        buildings through windows, doors, or other 
                        openings;
                          (ii) water backup through sewer pipes, 
                        showers, toilets, sinks, and floor drains;
                          (iii) seepage through walls and floors;
                          (iv) the accumulation of water on property or 
                        public rights-of-way; and
                          (v) the overflow from water bodies, such as 
                        rivers, lakes, and oceans.
                  (B) Exclusion.--Such term does not include flooding 
                in undeveloped or agricultural areas.
  (n) Funding.--There is authorized to be appropriated for grants under 
the pilot program under this section--
          (1) $1,200,000 for fiscal year 2020; and
          (2) $4,300,000 for fiscal year 2021, to remain available 
        through 2023.

SEC. 204. MAPPING IMPROVEMENTS AND REACH.

  (a) Expanding Mapping to All Areas of the United States.--
Subparagraph (A) of section 100216(b)(1) of the Biggert-Waters Flood 
Insurance Reform Act of 2012 (42 U.S.C. 4101b(b)(1)(A)) is amended--
          (1) in clause (v), by striking ``and'' at the end;
          (2) by redesignating clause (vi) as clause (vii); and
          (3) by inserting after clause (v) the following:
                          ``(vi) all areas of the United States; and''.
  (b) Use of Other Federal Agencies and LIDAR.--Section 100216 of the 
Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b) is 
amended--
          (1) in subsection (b)(1)--
                  (A) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D), respectively;
                  (B) by inserting after subparagraph (A) the 
                following:
                  ``(B) as soon as practicable--
                          ``(i) modernize the flood mapping inventory 
                        for communities for which the National Flood 
                        Insurance Program rate maps have not been 
                        modernized; and
                          ``(ii) in coordination with communities, 
                        utilize the digital display environment 
                        established under subsection (f)(1)(A) to 
                        produce, store, and disseminate any flood 
                        hazard data, models, and maps generated under 
                        clause (i) while ensuring that the flood 
                        mapping inventory described in that clause may 
                        be printed in order to carry out--
                                  ``(I) floodplain management programs 
                                under the National Flood Insurance Act 
                                of 1968 (42 U.S.C. 4001 et seq.); and
                                  ``(II) other purposes of the National 
                                Flood Insurance Program;'';
                  (C) in subparagraph (C), as so redesignated, by 
                striking ``and'' at the end;
                  (D) in subparagraph (D), as so redesignated, by 
                striking the period at the end and inserting ``, and 
                including the most current and most appropriate remote 
                sensing or other geospatial mapping technology;'';
                  (E) by adding at the end the following:
                  ``(E) when appropriate, partner with other Federal 
                agencies, States, communities, and private entities in 
                order to meet the objectives of the program; and
                  ``(F) when appropriate, consult and coordinate with 
                the Secretary of Defense, the Director of the United 
                States Geological Survey, and the Administrator of the 
                National Oceanic and Atmospheric Administration to 
                obtain the most up-to-date maps and other information 
                of those agencies, including information relating to 
                topography, water flow, watershed characteristics, and 
                any other issues that are relevant to identifying, 
                reviewing, updating, maintaining, and publishing 
                National Flood Insurance Program rate maps.'';
          (2) by inserting after subsection (e) the following new 
        subsection:
  ``(f) Digital Display Environment and Building-specific Flood Hazard 
and Risk Information.--
          ``(1) Establishment.--
                  ``(A) In general.--Not later than 5 years after the 
                date of enactment of the National Flood Insurance 
                Program Reauthorization Act of 2019, the Administrator, 
                in consultation with the Technical Mapping Advisory 
                Council, shall establish, as part of a national 
                structure inventory, a dynamic, database-derived 
                digital display environment for flood hazard and risk 
                data, models, maps, and assessments.
                  ``(B) Consultation with states and communities.--In 
                designing and constructing the digital display 
                environment under subparagraph (A), the Administrator 
                shall--
                          ``(i) leverage and partner with States and 
                        communities that have successfully implemented 
                        the same approach; and
                          ``(ii) consider adopting the techniques and 
                        technologies used by the States and communities 
                        described in clause (i) and applying those 
                        techniques and technologies nationwide.
          ``(2) Digital display system.--
                  ``(A) In general.--In carrying out paragraph (1), the 
                Administrator, in consultation with the Technical 
                Mapping Advisory Council, shall establish a national 
                digital display system that shall--
                          ``(i) be prompted through dynamic querying of 
                        a spatial, relational flood hazard and risk 
                        database;
                          ``(ii) as permissible under law, be made 
                        available to the public;
                          ``(iii) to the extent feasible, and where 
                        sufficient data is available, provide 
                        information, with respect to individual 
                        structures, regarding--
                                  ``(I) flood hazard and risk 
                                assessment determinations;
                                  ``(II) flood insurance; and
                                  ``(III) flood risk mitigation 
                                efforts;
                          ``(iv) be constructed in a manner that 
                        facilitates coordination with digital display 
                        systems that--
                                  ``(I) have been developed by State 
                                and community partners; and
                                  ``(II) the Administrator finds are 
                                acceptable;
                          ``(v) include the capability to print 
                        physical copies of maps; and
                          ``(vi) where feasible, allow for the 
                        maintenance and storage of elevation 
                        certificates.
                  ``(B) Privacy requirements.--The Administrator may 
                not disseminate the database described in subparagraph 
                (A)(i), including any data used to create that 
                database, to the public or to a private company in a 
                manner that violates section 552a of title 5, United 
                States Code, or any regulation implementing that 
                section.'';
          (3) by inserting after subsection (k), as added by the 
        preceding provisions of this Act, the following:
  ``(l) Annual Report.--The Administrator, in coordination with the 
Technical Mapping Advisory Council established under section 100215 of 
this Act, shall submit to the Committee on Financial Services of the 
House of Representatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate an annual report regarding progress 
achieved in the mapping program under this section, including the 
digital display and structure-specific information required under 
subsection (f), which shall include recommendations to reduce the cost 
and improve the implementation of that subsection.''.
  (c) Future Flood Risk.--Section 100216(d) of the Biggert-Waters Flood 
Insurance Reform Act of 2012 (42 U.S.C. 4101b) is amended by adding at 
the end the following:
          ``(3) Future flood risk.--The Administrator shall, in 
        consultation with the Technical Mapping Council established 
        under section 100215, provide financial and technical 
        assistance to communities to incorporate future flood hazard 
        conditions as an informational layer on their Flood Insurance 
        Rate Maps.''.

SEC. 205. APPEALS REGARDING EXISTING FLOOD MAPS.

  (a) In General.--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) Appeals of Existing Maps.--
          ``(1) Right to appeal.--A State or local government, or the 
        owner or lessee of real property, who has made a formal request 
        to the Administrator to update a flood map that the 
        Administrator has denied may at any time appeal such a denial 
        as provided in this subsection.
          ``(2) Basis for appeal.--The basis for appeal under this 
        subsection shall be the possession of knowledge or information 
        that--
                  ``(A) the base flood elevation level or designation 
                of any aspect of a flood map is scientifically or 
                technically inaccurate; or
                  ``(B) factors exist that mitigate the risk of 
                flooding, including ditches, banks, walls, vegetation, 
                levees, lakes, dams, reservoirs, basin, retention 
                ponds, and other natural or manmade topographical 
                features.
          ``(3) Appeals process.--
                  ``(A) Administrative adjudication.--An appeal under 
                this subsection shall be determined by a final 
                adjudication on the record, and after opportunity for 
                an administrative hearing.
                  ``(B) Rights upon adverse decision.--If an appeal 
                pursuant to subparagraph (A) does not result in a 
                decision in favor of the State, local government, 
                owner, or lessee, such party may appeal the adverse 
                decision to the Scientific Resolution Panel provided 
                for in section 1363A, which shall recommend a non-
                binding decision to the Administrator.
          ``(4) Relief.--
                  ``(A) Wholly successful appeals.--In the case of a 
                successful appeal resulting in a policyholder's 
                property being removed from a special flood hazard 
                area, such policyholder may cancel the policy at any 
                time within the current policy year, and the 
                Administrator shall provide such policyholder a refund 
                in the amount of any premiums paid for such policy 
                year, plus any premiums paid for flood insurance 
                coverage that the policyholder was required to purchase 
                or maintain during the 2-year period preceding such 
                policy year.
                  ``(B) Partially successful appeals.--In the case of 
                any appeal in which mitigating factors were determined 
                to have reduced, but not eliminated, the risk of 
                flooding, the Administrator shall reduce the amount of 
                flood insurance coverage required to be maintained for 
                the property concerned by the ratio of the successful 
                portion of the appeal as compared to the entire appeal. 
                The Administrator shall refund to the policyholder any 
                payments made in excess of the amount necessary for 
                such new coverage amount, effective from the time when 
                the mitigating factor was created or the beginning of 
                the second policy year preceding the determination of 
                the appeal, whichever occurred later.
                  ``(C) Additional relief.--The Administrator may 
                provide additional refunds in excess of the amounts 
                specified in subparagraphs (A) and (B) if the 
                Administrator determines that such additional amounts 
                are warranted.
          ``(5) Recovery of costs.--When, incident to any appeal which 
        is successful in whole or part regarding the designation of the 
        base flood elevation or any aspect of the flood map, including 
        elevation or designation of a special flood hazard area, the 
        community, or the owner or lessee of real property, as the case 
        may be, incurs expense in connection with the appeal, including 
        services provided by surveyors, engineers, and scientific 
        experts, the Administrator shall reimburse such individual or 
        community for reasonable expenses to an extent measured by the 
        ratio of the successful portion of the appeal as compared to 
        the entire appeal, but not including legal services, in the 
        effecting of an appeal based on a scientific or technical error 
        on the part of the Federal Emergency Management Agency. No 
        reimbursement shall be made by the Administrator in respect to 
        any fee or expense payment, the payment of which was agreed to 
        be contingent upon the result of the appeal. The Administrator 
        may use such amounts from the National Flood Insurance Fund 
        established under section 1310 as may be necessary to carry out 
        this paragraph.
          ``(6) Guidance.--The Administrator shall issue guidance to 
        implement this subsection, which shall not be subject to the 
        notice and comment requirements under section 553 of title 5, 
        United States Code.''.
  (b) Deadline.--The Administrator of the Federal Emergency Management 
Agency shall issue the guidance referred to section 1360(k)(6) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4101(k)(7)), as added 
by the amendment made by subsection (a) of this section, not later than 
the expiration of the 6-month period beginning on the date of the 
enactment of this Act.

SEC. 206. APPEALS AND PUBLICATION OF PROJECTED SPECIAL FLOOD HAZARD 
                    AREAS.

  (a) Appeals.--Section 1363 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4104) is amended--
          (1) in subsection (b), by striking the second sentence and 
        inserting the following: ``Any owner or lessee of real property 
        within the community who believes the owner's or lessee's 
        rights to be adversely affected by the Administrator's proposed 
        determination may appeal such determination to the local 
        government no later than 90 days after the date of the second 
        publication.'';
          (2) in subsection (d), by striking ``subsection (e)'' and 
        inserting ``subsection (f)'';
          (3) by redesignating subsections (e), (f), and (g) as 
        subsections (f), (g), and (h), respectively; and
          (4) by inserting after subsection (d) the following new 
        subsection:
  ``(e) Determination by Administrator in the Absence of Appeals.--If 
the Administrator has not received any appeals, upon expiration of the 
90-day appeal period established under subsection (b) of this section 
the Administrator's proposed determination shall become final. The 
community shall be given a reasonable time after the Administrator's 
final determination in which to adopt local land use and control 
measures consistent with the Administrator's determination.''.
  (b) Publication.--Subsection (a) of section 1363 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4104(a)) is amended by striking 
``in the Federal Register''.

SEC. 207. COMMUNICATION AND OUTREACH REGARDING MAP CHANGES.

  Paragraph (1) of section 100216(d) of the Biggert-Waters Flood 
Insurance Reform Act of 2012 (42 U.S.C. 4101b(d)(1)) is amended--
          (1) in subparagraph (B), by inserting ``maximum'' before 
        ``30-day period''; and
          (2) in subparagraph (C), by inserting ``maximum'' before 
        ``30-day period''.

SEC. 208. ADOPTION OF PARTIAL FLOOD MAPS.

  Subsection (f) of section 1360 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4101(f)) is amended by adding at the end the following 
new flush matter:
``Panels of the revised flood insurance rate maps for which no appeal 
has been submitted during the 90-day period referred to in subsection 
(b) shall be considered final.''.

SEC. 209. NEW ZONE FOR LEVEE-IMPACTED AREAS.

  Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4101), as amended by the preceding provisions of this Act, is further 
amended by adding at the end the following:
  ``(l) Levee-Impacted Areas.--
          ``(1) In general.--Subject to full implementation of 
        subparagraphs (A)(iii) and (B) of section 100216(b)(1) of the 
        Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 
        4101b(b)(1)) and notwithstanding any other provision of law, if 
        a community applies to the Administrator for the remapping of a 
        levee-impacted area in which the pertinent levee system fails 
        to meet the minimum design, operation, and maintenance 
        standards of the National Flood Insurance Program required for 
        levee accreditation on a flood insurance rate map in accordance 
        with the Levee Analysis Mapping Procedure initiated by the 
        Administrator to replace the `without levees' approach to a 
        Flood Insurance Study, the Administrator shall--
                  ``(A) establish flood risk zones for those levee-
                impacted areas on such maps, to be known as `AL-E 
                zones', that have an established elevation for 
                community floodplain management; and
                  ``(B) make flood insurance available to properties 
                located within those levee-impacted areas.
          ``(2) Transition.--During the period beginning on the date of 
        enactment of this subsection and ending on the date on which 
        the Administrator develops rates for the various AL-E zones, a 
        structure located in a portion of a community that is located 
        within a levee-impacted area described in paragraph (1) shall 
        be eligible for rates associated with areas of moderate flood 
        hazards.''.

SEC. 210. AGRICULTURAL STRUCTURES IN SPECIAL FLOOD HAZARD ZONES.

  (a) Requirements for State and Local Land Use Controls.--Subsection 
(a) of section 1315 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4022(a)) is amended by adding at the end the following new 
paragraph:
          ``(3) Allowable local variances for certain agricultural 
        structures.--
                  ``(A) Requirement.--Notwithstanding any other 
                provision of this Act--
                          ``(i) the land use and control measures 
                        adopted pursuant to paragraph (1) may not, for 
                        purposes of such paragraph, be considered to be 
                        inadequate or inconsistent with the 
                        comprehensive criteria for land management and 
                        use under section 1361 because such measures 
                        provide that, in the case of any agricultural 
                        structure that is located in an area having 
                        special flood hazards, a variance from 
                        compliance with the requirements to elevate or 
                        floodproof such a structure and meeting the 
                        requirements of subparagraph (B) may be 
                        granted; and
                          ``(ii) the Administrator may not suspend a 
                        community from participation in the national 
                        flood insurance program, or place such a 
                        community on probation under such program, 
                        because such land use and control measures 
                        provide for such a variance.
                This subparagraph shall not limit the ability of the 
                Administrator to take enforcement action against a 
                community that does not adopt adequate variance 
                criteria or establish proper enforcement mechanisms.
                  ``(B) Variance; considerations.--The requirements of 
                this subparagraph with respect to a variance are as 
                follows:
                          ``(i) The variance is granted by an official 
                        from a duly constituted State or local zoning 
                        authority, or other authorized public body 
                        responsible for regulating land development or 
                        occupancy in flood-prone areas.
                          ``(ii) In the case of new construction, such 
                        official has determined--
                                  ``(I) that neither floodproofing nor 
                                elevation of the new structure to the 
                                base flood elevation is practicable; 
                                and
                                  ``(II) that the structure is not 
                                located in--
                                          ``(aa) a designated 
                                        regulatory floodway;
                                          ``(bb) an area riverward of a 
                                        levee or other flood control 
                                        structure; or
                                          ``(cc) an area subject to 
                                        high velocity wave action or 
                                        seaward of flood control 
                                        structures.
                          ``(iii) In the case of existing structures--
                                  ``(I) if such structure is 
                                substantially damaged or in need of 
                                substantial repairs or improvements, 
                                such official has determined that 
                                neither floodproofing nor elevation to 
                                the base flood elevation is 
                                practicable; and
                                  ``(II) if such structure is located 
                                within a designated regulatory 
                                floodway, such official has determined 
                                that the repair or improvement does not 
                                result in any increase in base flood 
                                levels during the base flood discharge.
                          ``(iv) Such official has determined that the 
                        variance will not result in increased flood 
                        heights, additional threats to public safety, 
                        extraordinary public expense, create nuisances, 
                        cause fraud on or victimization of the public, 
                        or conflict with existing local laws or 
                        ordinances.
                          ``(v) Not more than one claim payment 
                        exceeding $1,000 has been made for the 
                        structure under flood insurance coverage under 
                        this title within any period of 10 consecutive 
                        years at any time prior to the granting of the 
                        variance.
                  ``(C) Definitions.--For purposes of this paragraph, 
                the following definitions shall apply:
                          ``(i) Agricultural structure.--The term 
                        `agricultural structure' has the meaning given 
                        such term in paragraph (2)(D).
                          ``(ii) Floodproofing.--The term 
                        `floodproofing' means, with respect to a 
                        structure, any combination of structural and 
                        non-structural additions, changes, or 
                        adjustments to the structure, including 
                        attendant utilities and equipment, that reduce 
                        or eliminate potential flood damage to real 
                        estate or improved real property, water and 
                        sanitary facilities, structures, or their 
                        contents.''.
  (b) Premium Rates.--Section 1308 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4015) is amended by adding at the end the following 
new subsection:
  ``(n) Premium Rates for Certain Agricultural Structures With 
Variances.--Notwithstanding any other provision of this Act, the 
chargeable premium rate for coverage under this title for any structure 
provided a variance pursuant to section 1315(a)(3) shall be the same as 
the rate that otherwise would apply to such structure if the structure 
had been dry floodproofed or a comparable actuarial rate based upon the 
risk associated with structures within the applicable AL-E zone 
established under section 1360(l).''.

SEC. 211. TECHNICAL MAPPING ADVISORY COUNCIL.

  Paragraph (1) of section 100215(b) of the Biggert-Waters Flood 
Insurance Reform Act of 2012 (42 U.S.C. 4101a(b)(1)) is amended--
          (1) by redesignating subparagraphs (A) through (E) as 
        subparagraphs (B) through (F), respectively;
          (2) by inserting before subparagraph (B), as so redesignated 
        by subparagraph (A) of this paragraph, the following new 
        subparagraph:
                  ``(A) the Director of the United States Geological 
                Survey;''; and
          (3) in subparagraph (F), as so redesignated by paragraph (1) 
        of this section--
                  (A) in the matter preceding clause (i), by striking 
                ``16'' and inserting ``17'';
                  (B) in clause (xiii), by striking ``and'' at the end;
                  (C) in clause (xiv), by striking the period at the 
                end and inserting ``; and''; and
                  (D) by adding at the end the following new clause:
                          ``(xv) a member of a recognized professional 
                        real estate brokerage association.''.

                         TITLE III--MITIGATION

SEC. 301. INCREASED COST OF COMPLIANCE COVERAGE.

  Section 1304(b) of the National Flood Insurance Act of 1968 (42 
U.S.C. 4011(b)) is amended--
          (1) in paragraph (4), by redesignating subparagraphs (A) 
        through (D) as clauses (i) through (iv), respectively;
          (2) by redesignating paragraphs (1) through (3) as 
        subparagraphs (A) through (C), respectively (and by adjusting 
        the margins accordingly);
          (3) in subparagraph (C) as so redesignated, by striking the 
        period at the end and inserting a semicolon;
          (4) by redesignating paragraph (4) as subparagraph (E) (and 
        by adjusting the margin accordingly);
          (5) by inserting after subparagraph (C), as so redesignated, 
        the following:
                  ``(D) properties identified by the Administrator as 
                priorities for mitigation activities before the 
                occurrence of damage to or loss of property which is 
                covered by flood insurance; and'';
          (6) by inserting before ``The national flood insurance 
        program'' the following:;
          ``(1) In general.--''.
          (7) by striking ``The Administrator'' and inserting the 
        following:
          ``(2) Premium.--The Administrator''; and
          (8) by adding at the end the following new paragraphs:
          ``(3) Amount of coverage.--Each policy for flood insurance 
        coverage made available under this title shall provide coverage 
        under this subsection having an aggregate liability for any 
        single property of $60,000.
          ``(4) Eligible mitigation activities.--
                  ``(A) In general.--Eligible mitigation methods the 
                cost of which is covered by coverage provided under 
                this subsection shall include--
                          ``(i) alternative methods of mitigation 
                        identified in the guidelines issued pursuant to 
                        section 1361(d);
                          ``(ii) pre-disaster mitigation projects for 
                        eligible structures (as such term is defined in 
                        subparagraph (C)); and
                          ``(iii) costs associated with the purchase, 
                        clearing, and stabilization of property that is 
                        part of an acquisition or relocation program 
                        that complies with subparagraph (B).
                  ``(B) Acquisition and relocation project eligibility 
                and requirements.--
                          ``(i) In general.--An acquisition or 
                        relocation project shall be eligible to receive 
                        assistance pursuant to subparagraph (A)(iii) 
                        only if--
                                  ``(I) any property acquired, 
                                accepted, or from which a structure 
                                will be removed shall be dedicated and 
                                maintained in perpetuity for a use that 
                                is compatible with open space, 
                                recreational, or wetlands management 
                                practices; and
                                  ``(II) any new structure erected on 
                                such property will be--
                                          ``(aa) a public facility that 
                                        is open on all sides and 
                                        functionally related to a 
                                        designated open space;
                                          ``(bb) a restroom; or
                                          ``(cc) a structure that the 
                                        Administrator approves in 
                                        writing before the commencement 
                                        of the construction of the 
                                        structure.
                          ``(ii) Further assistance.--If an acquisition 
                        or relocation project is assisted pursuant to 
                        subparagraph (A)(iii)--
                                  ``(I) no person may apply to a 
                                Federal entity for disaster assistance 
                                with regard to any property acquired, 
                                accepted, or from which a structure was 
                                removed as part of such acquisition or 
                                relocation project; and
                                  ``(II) no Federal entity may provide 
                                disaster assistance for such property.
                          ``(iii) Requirement to maintain flood 
                        insurance coverage.--
                                  ``(I) In general.--Notwithstanding 
                                any other provision of law, any 
                                assisted structure (as such term is 
                                defined in subclause (III)) shall, at 
                                all times, maintain insurance against 
                                flood damage, in accordance with 
                                Federal law, for the life of such 
                                structure.
                                  ``(II) Transfer of property.--
                                          ``(aa) Duty to notify.--If 
                                        any part of a property on which 
                                        an assisted structure is 
                                        located is transferred, the 
                                        transferor shall, not later 
                                        than the date on which such 
                                        transfer occurs, notify the 
                                        transferee in writing, 
                                        including in all documents 
                                        evidencing the transfer of 
                                        ownership of the property of 
                                        the requirements, that such 
                                        transferee is required to--
                                                  ``(AA) obtain flood 
                                                insurance in accordance 
                                                with applicable Federal 
                                                law with respect to 
                                                such assisted 
                                                structure, if such 
                                                structure is not so 
                                                insured on the date on 
                                                which the structure is 
                                                transferred; and
                                                  ``(BB) maintain flood 
                                                insurance in accordance 
                                                with applicable Federal 
                                                law with respect to 
                                                such structure.
                                          ``(bb) Failure to notify.--If 
                                        a transferor fails to make a 
                                        notification in accordance with 
                                        item (aa) and such assisted 
                                        structure is damaged by a flood 
                                        disaster, the transferor shall 
                                        pay the Federal Government an 
                                        amount equal to the amount of 
                                        any disaster relief provided by 
                                        the Federal government with 
                                        respect to such assisted 
                                        structure.
                                  ``(III) Assisted structure defined.--
                                For the purposes of this clause, the 
                                term `assisted structure' means a 
                                structure on property that is part of 
                                an acquisition or relocation project 
                                assisted pursuant to subparagraph (A) 
                                that was, as part of such acquisition 
                                or relocation project--
                                          ``(aa) altered;
                                          ``(bb) improved;
                                          ``(cc) replaced;
                                          ``(dd) repaired; or
                                          ``(ee) restored.
                  ``(C) Eligible structure defined.--For purposes of 
                this paragraph, the term `eligible structure' means any 
                structure that--
                          ``(i) was constructed in compliance with the 
                        Flood Insurance Rate Map and local building and 
                        zoning codes in effect at the date of 
                        construction of the structure; and
                          ``(ii) has not previously been altered, 
                        improved, replaced, or repaired using 
                        assistance provided under this subsection.
          ``(5) Treatment of coverage limits.--Any amount of coverage 
        for a property provided pursuant to this subsection shall not 
        be considered or counted for purposes of any limitation on 
        coverage applicable to such property under section 1306(b) (42 
        U.S.C. 4013(b)) and any claim on such coverage shall not be 
        considered a claim for purposes of section 1307(h) or 
        subsection (a)(3) or (h)(3) of section 1366.
          ``(6) Implementation.--Notwithstanding any other provision of 
        law, the Administrator may implement this subsection by 
        adopting one or more standard endorsements to the Standard 
        Flood Insurance Policy by publication of such standards in the 
        Federal Register, or by comparable means.''.

SEC. 302. MULTIPLE-LOSS PROPERTIES.

  (a) Financial Assistance.--Section 1361 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4102) is amended by adding at the end 
the following new subsection:
  ``(e) Multiple-loss Properties.--In making determinations regarding 
financial assistance under the authorities of this Act, the 
Administrator may consider the extent to which a community is working 
to remedy problems with addressing multiple-loss properties.''.
  (b) Definitions.--Subsection (a) of section 1370 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4121) is amended--
          (1) by redesignating paragraphs (8) through (15) as 
        paragraphs (11) through (18), respectively; and
          (2) by striking paragraph (7) and inserting the following new 
        paragraphs:
          ``(7) Multiple-loss property.--The term `multiple-loss 
        property' means any property that is a repetitive-loss 
        property, a severe repetitive-loss property, or an extreme 
        repetitive-loss property.
          ``(8) Repetitive-loss property.--The term `repetitive-loss 
        property' means a structure that has incurred flood-related 
        damage for which 2 or more separate claims payments of any 
        amount in excess of the loss-deductible for damage to the 
        covered structure have been made under flood insurance coverage 
        under this title.
          ``(9) Severe repetitive-loss property.--The term `severe 
        repetitive-loss property' means a structure that has incurred 
        flood-related damage for which--
                  ``(A) 4 or more separate claims payments have been 
                made under flood insurance coverage under this title, 
                with the amount of each such claim exceeding $5,000, 
                and with the cumulative amount of such claims payments 
                exceeding $20,000; or
                  ``(B) at least 2 separate claims payments have been 
                made under flood insurance coverage under this title, 
                with the cumulative amount of such claims payments 
                exceeding the value of the structure.
          ``(10) Extreme repetitive-loss property.--The term `extreme 
        repetitive-loss property' means a structure that has incurred 
        flood-related damage for which at least 2 separate claims have 
        been made under flood insurance coverage under this title, with 
        the cumulative amount of such claims payments exceeding 150 
        percent of the maximum coverage amount available for the 
        structure.''.
  (c) Conforming Amendments.--The National Flood Insurance Act of 1968 
is amended--
          (1) in section 1304(b)(1)(A) (42 U.S.C. 4011(b)(1)(A)), as 
        amended by section 301 of this Act, by striking ``repetitive 
        loss structures'' and inserting ``repetitive-loss properties'';
          (2) in section 1307 (42 U.S.C. 4014)--
                  (A) in subsection (a)(2)(B), by striking ``repetitive 
                loss property'' and inserting ``repetitive-loss 
                property'';
                  (B) in subsection (g)(2)(B), by striking clauses (i) 
                and (ii) and inserting the following:
                          ``(i) an extreme repetitive-loss property; or
                          ``(ii) a severe repetitive-loss property.'';
                  (C) by striking subsection (h); and
                  (D) by redesignating subsection (i), as added by the 
                preceding provisions of this Act, as subsection (h);
          (3) in section 1315(a)(2)(A)(i) (42 U.S.C. 4022(a)(2)(A)(i)), 
        by striking ``repetitive loss structure'' and inserting 
        ``repetitive-loss property''; and
          (4) in section 1366 (42 U.S.C. 4104c)--
                  (A) in subsection (a)(2), by striking ``repetitive 
                loss structures'' and inserting ``repetitive-loss 
                properties'';
                  (B) in subsection (c)(2)(A)(ii), by striking 
                ``repetitive loss structures'' and inserting 
                ``multiple-loss properties'';
                  (C) in subsection (d)--
                          (i) in paragraph (1)--
                                  (I) in the paragraph heading, by 
                                striking ``repetitive loss structures'' 
                                and inserting ``repetitive-loss and 
                                extreme repetitive loss properties''; 
                                and
                                  (II) in the matter preceding 
                                subparagraph (A), by striking 
                                ``repetitive loss structures'' and 
                                inserting ``repetitive-loss properties 
                                or extreme repetitive-loss 
                                properties''; and
                          (ii) in paragraph (2)--
                                  (I) in the paragraph heading, by 
                                striking ``Repetitive loss structures'' 
                                and inserting ``Repetitive-loss 
                                properties''; and
                                  (II) by striking ``repetitive loss 
                                structures'' and inserting 
                                ``repetitive-loss properties''; and
                  (D) in subsection (h), by striking paragraphs (2) and 
                (3).

SEC. 303. PREMIUM RATES FOR CERTAIN MITIGATED PROPERTIES.

  (a) Mitigation Strategies.--Paragraph (1) of section 1361(d) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4102(d)(1)) is 
amended--
          (1) in subparagraph (A), by striking ``and'' at the end;
          (2) in subparagraph (B), by striking ``and'' at the end; and
          (3) by inserting after subparagraph (B) the following new 
        subparagraphs:
                  ``(C) with respect to buildings in dense urban 
                environments, methods that can be deployed on a block 
                or neighborhood scale; and
                  ``(D) elevation of mechanical or other critical 
                systems; and''.
  (b) Mitigation Credit.--Subsection (k) of section 1308 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4015(k)) is amended--
          (1) by striking ``shall take into account'' and inserting the 
        following: ``shall--
          ``(1) take into account'';
          (2) in paragraph (1), as so designated by the amendment made 
        by paragraph (1) of this subsection, by striking the period at 
        the end and inserting ``; and''; and
          (3) by adding at the end the following new paragraph:
          ``(2) offer a reduction of the risk premium rate charged to a 
        policyholder, as determined by the Administrator, if the 
        policyholder implements any mitigation method described in 
        paragraph (1).''.

SEC. 304. COVERAGE FOR COOPERATIVES.

  (a) Equal Treatment With Condominiums.--Section 1306 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4013), as amended by the 
preceding provisions of this Act is further amended by adding at the 
end the following:
  ``(f) Cooperative Buildings.--Notwithstanding any other provision of 
law, the Administrator shall make flood insurance coverage available to 
any individual with a membership interest and occupancy agreement in a 
cooperative housing project on the same terms as any owner of a 
condominium.''.
  (b) Payment of Claims.--Section 1312 of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4019) is amended--
          (1) in subsection (c)--
                  (A) by striking ``flood insurance to condominium 
                owners'' and inserting the following: ``flood 
                insurance--
          ``(1) to condominium owners''; and
                  (B) by striking the period at the end and inserting 
                ``; or''; and
                  (C) by adding at the end the following:
          ``(2) to individuals with a membership interest and occupancy 
        agreement in a cooperative housing project who purchased such 
        flood insurance separate and apart from the flood insurance 
        purchased by the cooperative association in which such 
        individual is a member, based solely, or in any part, on the 
        flood insurance coverage of the cooperative association or 
        others on the overall property owned by the cooperative 
        association.''; and
          (2) by adding at the end the following:
  ``(d) Definitions.--For purposes of this section and section 1306(e), 
the terms `cooperative association' and `cooperative housing project' 
shall have such meaning as the Secretary shall provide.''.

SEC. 305. VOLUNTARY COMMUNITY-BASED FLOOD INSURANCE PILOT PROGRAM.

  (a) Establishment.--The Administrator of the Federal Emergency 
Management Agency (in this section referred to as the 
``Administrator'') shall carry out a community-based flood insurance 
pilot program to make available, for purchase by participating 
communities, a single, community-wide flood insurance policy under the 
National Flood Insurance Program that--
          (1) covers all residential and non-residential properties 
        within the community; and
          (2) satisfies, for all such properties within the community, 
        the mandatory purchase requirements under section 102 of the 
        Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a).
  (b) Participation.--Participation by a community in the pilot program 
under this section shall be at the sole discretion of the community.
  (c) Requirements For Community-Wide Policies.--The Administrator 
shall ensure that a community-wide flood insurance policy made 
available under the pilot program under this section incorporates the 
following requirements:
          (1) A mapping requirement for properties covered by the 
        policy.
          (2) A deductible.
          (3) Certification or accreditation of mitigation 
        infrastructure when available and appropriate.
          (4) A community audit.
          (5) A method of preventing redundant claims payments by the 
        National Flood Insurance Program in the case of a claim by an 
        individual property owner who is covered by a community-wide 
        flood insurance policy and an individual policy obtained 
        through the Program.
          (6) Coverage for damage arising from flooding that complies 
        with the standards under the National Flood Insurance Program 
        appropriate to the nature and type of property covered.
  (d) Timing.--The Administrator shall establish the demonstration 
program under this section not later than the expiration of the 180-day 
period beginning on the date of the enactment of this Act and the 
program shall terminate on September 30, 2022.
  (e) Definition of Community.--For purposes of this section, the term 
``community'' means any unit of local government, within the meaning 
given such term under the laws of the applicable State.

SEC. 306. MITIGATION FUNDING.

  For each of the first 5 fiscal years beginning after following the 
date of the enactment of this Act, there is authorized to be 
appropriated $200,000,000 to carry out the flood mitigation assistance 
grant program under section 1366 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4104c).

SEC. 307. COMMUNITY RATING SYSTEM IMPROVEMENTS.

  (a) Provision of Community Rating System Premium Credits to Maximum 
Number of Communities Practicable.--Subsection (b) of section 1315 of 
the National Flood Insurance Act of 1968 (42 U.S.C. 4022(b)) is 
amended--
          (1) in paragraph (2), by striking ``may'' and inserting 
        ``shall''; and
          (2) in paragraph (3), by inserting ``, and the Administrator 
        shall provide credits to the maximum number of communities 
        practicable'' after ``under this program''.
  (b) Grants for Community Rating System Program Coordinators.--Section 
1315 of the National Flood Insurance Act of 1968 (42 U.S.C. 4022) is 
amended by adding at the end the following new subsection:
  ``(c) Grants for Community Rating System Program Coordinators.--
          ``(1) Authority.--The Administrator shall carry out a program 
        to make grants to consortia of States and communities for use 
        only for costs of employing or otherwise retaining an 
        individual or individuals to coordinate and carry out 
        responsibilities relating to participation in the community 
        rating system program under subsection (b) for States and 
        communities that are members of such consortia.
          ``(2) Eligibility.--The Administrator shall establish such 
        criteria as the Administrator considers appropriate for a 
        consortium of States and communities to be eligible for grants 
        under this subsection, which shall include requiring a 
        consortium to provide evidence to the Administrator that the 
        consortium has sufficient authority and administrative 
        capability to use grant amounts in accordance with this 
        subsection on behalf of its member jurisdictions.
          ``(3) Timing.--A consortium receiving a grant under this 
        section shall establish the position or positions described in 
        paragraph (1), and employ or otherwise retain an individual or 
        individuals to fill such position or positions, not later than 
        the date that all such grant amounts are expended.
          ``(4) Applications.--The Administrator shall provide for 
        consortia of States and communities to submit applications for 
        grants under this subsection, which shall include--
                  ``(A) the evidence referred to in paragraph (2);
                  ``(B) such assurances as the Administrator shall 
                require to ensure compliance with the requirement under 
                paragraph (3);
                  ``(C) such assurances as the Administrator shall 
                require to ensure that the consortia will provide 
                funding sufficient to continue the position or 
                positions funded with the grant amounts, in the same 
                annual amount as under such grant funding, after such 
                grant funds are expended; and
                  ``(D) such other information as the Administrator may 
                require.
          ``(5) Selection.--From among eligible consortia of States and 
        communities submitting applications pursuant to paragraph (3), 
        the Administrator shall select consortia to receive grants 
        under this subsection in accordance with such competitive 
        criteria for such section as the Administrator shall establish.
          ``(6) Definition of community.--For purposes of this section, 
        the term `community' has the meaning given such term in section 
        1366(h) (42 U.S.C. 4104c(h)), except that such term includes 
        counties and regional planning authorities that do not have 
        zoning and building code jurisdiction.
          ``(7) Authorization of appropriations.--There is authorized 
        to be appropriated for grants under this subsection--
                  ``(A) $7,000,000 for the first fiscal year commencing 
                after the expiration of the 4-month period beginning on 
                the date of the enactment of this Act; and
                  ``(B) $7,000,000 for each of the four consecutive 
                fiscal years thereafter.''.

SEC. 308. COMMUNITY ASSISTANCE PROGRAM FOR EFFECTIVE FLOODPLAIN 
                    MANAGEMENT.

  (a) In General.--Chapter I of the National Flood Insurance Act of 
1968 (42 U.S.C. 4011 et seq.), as amended by the preceding provisions 
of this Act, is further amended by adding at the end the following:

``SEC. 1327. COMMUNITY ASSISTANCE PROGRAM FOR EFFECTIVE FLOODPLAIN 
                    MANAGEMENT.

  ``(a) In General.--The Administrator shall establish a community 
assistance program under this section to increase the capacity and 
capability of States, Indian tribes, and communities to effectively 
manage flood risk and participate in the national flood insurance 
program, including the community rating system program under section 
1315(b), by providing financial and technical assistance to States, 
tribes and communities.
  ``(b) Components.--The community assistance program under this 
program shall include--
          ``(1) making community assistance grants under subsection (c) 
        to States;
          ``(2) conducting periodic assessments, not less often than 
        once every 5 years, of the technical assistance and training 
        needs of States, Indian tribes, and communities;
          ``(3) providing technical assistance and training to States, 
        Indian tribes, and communities in accordance with the needs 
        identified by such assessments;
          ``(4) conducting periodic reviews of State, Indian tribe, and 
        community floodplain management standards by the Administrator 
        to promote continuous improvement in building and maintaining 
        effective State floodplain management programs (as such term is 
        defined in subsection (d));
          ``(5) conducting periodic estimates of the losses avoided 
        nationally due to the adoption of qualifying floodplain 
        management standards by States, Indian tribes and communities;
          ``(6) in coordination with each State receiving a grant under 
        subsection (c), developing and executing a strategy to--
                  ``(A) provide technical and financial assistance to 
                communities, including small and rural communities, and 
                Indian tribes within the State; and
                  ``(B) encourage greater participation in the 
                community rating system program; and
          ``(7) establishing goals for States participating in the 
        program and incentives for exceeding such goals.
  ``(c) Community Assistance Grants to States.--
          ``(1) In general.--Under the program under this section the 
        Administrator may award grants to States, which shall be used 
        only--
                  ``(A) to increase the capacity and capability of the 
                State and communities and Indian tribes in the State to 
                effectively manage flood risk and to fully participate 
                in the national flood insurance program, including the 
                community rating system program; and
                  ``(B) for activities related to implementation, 
                administration, oversight, and enforcement of the 
                national flood insurance program at the State and local 
                and tribal levels.
          ``(2) Guidelines.--The Administrator shall establish 
        guidelines governing the use of grant funds under this 
        subsection, including setting forth activities eligible to be 
        funded with such amounts.
          ``(3) Eligibility.--To be eligible to receive a grant under 
        this subsection, a State shall--
                  ``(A) demonstrate, to the satisfaction of the 
                Administrator, that the State has in effect qualifying 
                State floodplain management standards for the State;
                  ``(B) agree to submit such reports, certifications, 
                and information to the Administrator as the 
                Administrator shall require, including those required 
                under paragraph (5); and
                  ``(C) meet any additional eligibility requirements as 
                the Administrator may require.
          ``(4) Application; selection criteria.--The Administrator 
        shall provide for States to submit applications for grants 
        under this subsection, which shall include such information, 
        assurances, and certifications as the Administrator may 
        require, and may establish criteria for selection of qualifying 
        applications to be selected for grants under this subsection.
          ``(5) Ongoing review of floodplain management standards.--
        Each State that is awarded funds under this section shall 
        provide periodic reports, certifications, and information 
        regarding the floodplain management standards of such State as 
        the Administrator may require for the duration of the use of 
        grant amounts.
  ``(d) Definitions.--For purposes of this section:
          ``(1) Indian tribe.--The term `Indian tribe' has the meaning 
        given such term in section 4 of the Native American Housing 
        Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
          ``(2) Qualifying state floodplain management standards.--The 
        term `qualifying State floodplain management standards' means 
        the floodplain management standards of a State that--
                  ``(A) are specifically authorized under State law and 
                do not conflict with or inhibit the implementation of 
                the National Flood Insurance Act of 1968;
                  ``(B) designate an entity responsible for 
                coordinating the national flood insurance program in 
                the State;
                  ``(C) identify State resources and programs to manage 
                floodplains and reduce flood risk;
                  ``(D) address on a long-term basis--
                          ``(i) integration of floodplain management 
                        activities with other State functions and 
                        activities;
                          ``(ii) identification of flood hazards;
                          ``(iii) management of natural floodplain 
                        functions and resources;
                          ``(iv) elimination of adverse impacts of 
                        development on the floodplain;
                          ``(v) flood mitigation and recovery 
                        strategies for the State;
                          ``(vi) strategies for informing communities 
                        and citizens about flood risk and mitigation 
                        options; and
                          ``(vii) measures for evaluating the 
                        effectiveness of State floodplain management 
                        efforts;
                  ``(E) include a long-term plan that will facilitate 
                the prioritization and provision of training and 
                technical assistance to communities and Indian tribes 
                in the State to increase local and tribal capacity and 
                capability for floodplain management, including the 
                capacity and capability to participate in the national 
                flood insurance program and the community rating system 
                program;
                  ``(F) provide for oversight, administration and 
                enforcement of the national flood insurance program at 
                the State and community levels; and
                  ``(G) meet such other requirements as the 
                Administrator may establish.
  ``(e) Funding.--
          ``(1) Authorization of appropriations.--There is authorized 
        to be appropriated $20,000,000 for each of fiscal years 2019 
        through 2024 for the National Flood Insurance Fund for carrying 
        out this section. Any amounts appropriated pursuant to this 
        subsection shall remain available until expended.
          ``(2) Set-asides.--From any amounts made available for grants 
        under this section, the Administrator may reserve such amount 
        as the Administrator considers appropriate--
                  ``(A) for community assistance grants under 
                subsection (c) to States; and
                  ``(B) for additional assistance only for States 
                exceeding the goals established pursuant to subsection 
                (b)(8).''.
  (b) Use of National Flood Insurance Fund Amounts.--Subsection (a) of 
section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4017(a)) is amended--
          (1) in paragraph (7), by striking ``and'' at the end;
          (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
          (3) by adding at the end the following:
          ``(9) for carrying out the community assistance program for 
        effective floodplain management under section 1327.''.

                        TITLE IV--MODERNIZATION

SEC. 401. EFFECT OF PRIVATE FLOOD INSURANCE COVERAGE ON CONTINUOUS 
                    COVERAGE REQUIREMENTS.

  Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4015), as amended by the preceding provisions of this Act, is further 
amended by adding at the end the following:
  ``(o) Effect of Private Flood Insurance Coverage on Continuous 
Coverage Requirements.--For purposes of applying any statutory, 
regulatory, or administrative continuous coverage requirement, 
including under section 1307(g)(1), the Administrator shall consider 
any period during which a property was continuously covered by a flood 
insurance policy, either offered through the national flood insurance 
program or private market, that was used to satisfy the requirements 
under section 102(a) of the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4012a(a)) to be a period of continuous coverage.''.

SEC. 402. OPTIONAL COVERAGE FOR UMBRELLA POLICIES.

  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''; and
          (3) by adding at the end the following new paragraph:
          ``(6) the Administrator may provide that, in the case of any 
        commercial property or other residential property, including 
        multifamily rental property and agricultural property, one 
        umbrella policy be made available to every insured upon renewal 
        and every applicant with multiple structures on the same 
        property, except that--
                  ``(A) purchase of such coverage shall be at the 
                option of the insured; and
                  ``(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).''.

SEC. 403. ANNUAL INDEPENDENT ACTUARIAL STUDY.

  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. ANNUAL INDEPENDENT ACTUARIAL STUDY.

  ``The Administrator shall provide for an independent actuarial study 
of the National Flood Insurance Program to be conducted annually, which 
shall analyze the financial position of the Program. The Administrator 
shall submit a report annually to the Congress describing the results 
of such study and assessing the financial status of the Program. The 
report shall recommend adjustments to underwriting standards, program 
participation, or premiums, if necessary, to ensure that the Program 
remains financially sound. The report shall also include an evaluation 
of the quality control procedures and accuracy of information utilized 
in the process of underwriting National Flood Insurance Program 
policies. Such evaluation shall include a review of the risk 
characteristics of policies.''.

SEC. 404. SHARING OF AND ACCESS TO INFORMATION.

  (a) In General.--Section 1313 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4020) is amended--
          (1) by inserting after the section enumerator the following: 
        ``(a) Availability to Public and State Agencies.--''; and
          (2) by adding at the end the following new subsections:
  ``(b)  Exchange of NFIP and Private Flood Insurance Policy and Claims 
Information.--The Administrator may provide to each private insurer 
that sells coverage that meets, at a minimum, the definition of private 
flood insurance under section 102(b) of the Flood Disaster Protection 
Act of 1973 (42 U.S.C. 4012a(b)), current and historical property-
specific information that is available to the Administration on flood 
insurance program coverage, flood damage assessments, and payment of 
claims, but only if the following conditions are met:
          ``(1) Each private insurer receiving such data shall provide 
        to the Administrator current and historical property-specific 
        information, generated through the sale of the flood insurance 
        that meets such definition of private flood insurance, by the 
        private insurer on flood insurance coverage, flood damage 
        assessments, and payment of claims.
          ``(2) Such information obtained under paragraph shall be made 
        available as required by subsections (c) and (d).
  ``(c) Homeowner Access to NFIP and Private Policy and Claims 
Information.--Upon request by the current owner of a property, the 
Administrator shall provide to the owner any current and historical 
information available to the Administrator, including information 
obtained under subsection (b)(1), on insurance coverage, damage 
assessments, and payment of claims concerning such property of the 
owner. In addition, the Administrator shall provide information the 
Administrator may have on whether the property owner may be required to 
purchase flood insurance coverage due to previous receipt of federal 
disaster assistance, including assistance provided by the Small 
Business Administration, the Department of Housing and Urban 
Development, the Federal Emergency Management Agency, or any other type 
of assistance subject to the mandatory purchase requirement under 
section 102 of the Flood Disaster Protection Act of 1973.
  ``(d) Homebuyer Access to Flood Insurance Information.--
Notwithstanding section 552a(b) of title 5, United States Code, not 
later than 14 days after a request for such information by a buyer 
under contract for purchase of a property, the Administrator shall 
provide to the buyer the following information:
          ``(1) The number and dollar value of claims filed for the 
        property, over the life of the property, under a flood 
        insurance policy made available under this title.
          ``(2) Such other available information about the property as 
        determined by the Administrator to accurately and adequately 
        characterize the true flood risk to the property.
          ``(3) A notice to the recipient of the information that the 
        information provided may only be utilized by the recipient 
        alone and only for the purposes of homebuying.''.
  (b) Effective Date.--Subsection (d) of section 1313 of the National 
Flood Insurance Act of 1968, as added by the amendment made by 
subsection (a)(2) of this section, shall take effect beginning upon the 
expiration of the 12-month period that begins on the date of the 
enactment of this Act.

SEC. 405. ELEVATION CERTIFICATES.

  Chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 
et seq.), as amended by the preceding provisions of this Act, is 
further amended by adding at the end the following:

``SEC. 1328. ELEVATION CERTIFICATES.

  ``Surveyed elevation data and other information relating to a 
building that is recorded on a National Flood Insurance Program 
Elevation Certificate by an individual licensed to record that 
information shall continue to be in effect, and the Elevation 
Certificate shall not expire, until the date on which there is an 
alteration in the building.''.

SEC. 406. LEVERAGING RISK TRANSFER OPPORTUNITIES FOR A SOUND FINANCIAL 
                    FRAMEWORK.

  (a) In General.--Subsection (e) of section 1345 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4081(e)) is amended--
          (1) by striking ``(e) Risk Transfer.--The Administrator'' and 
        inserting the following:
  ``(e) Leveraging Risk Transfer Opportunities for a Sound Financial 
Framework.--
          ``(1) Authority.--The Administrator''; and
          (2) by adding at the end the following:
          ``(2) Leveraging risk transfer opportunities.--On an annual 
        basis, the Administrator shall evaluate ceding a portion of the 
        risk of the flood insurance program under this title to the 
        private reinsurance or capital markets, or any combination 
        thereof, if the Administrator determines--
                  ``(A) the rates and terms are reasonable and 
                appropriate; and
                  ``(B) doing so would further the development and 
                maintenance of a sound financial framework for the 
                National Flood Insurance Program.''.
  (b) Effective Date.--The amendments made by subsection (a) shall 
become effective upon the expiration of the 18-month period that begins 
upon the date of the enactment of this Act.

SEC. 407. WRITE-YOUR-OWN ARRANGEMENTS.

  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 subsections:
  ``(f) Authority to Terminate Write Your Own Arrangements.--The 
Administrator may cancel any Write Your Own (as such term is defined in 
section 100202(a) of the Biggert-Waters Flood Insurance Reform Act of 
2012 (42 U.S.C. 4004)) arrangement in its entirety upon 30 days written 
notice to the Write Your Own company involved by certified mail stating 
one of the following reasons for such cancellation:
          ``(1) Fraud or misrepresentation by the company after the 
        inception of the arrangement.
          ``(2) Nonpayment to the Administrator of any amount due.
          ``(3) Material failure to comply with the requirements of the 
        arrangement or with the written standards, procedures, or 
        guidance issued by the Administrator relating to the National 
        Flood Insurance Program and applicable to the company.
  ``(g) Standardized Fee Authority.--The Administrator may establish 
and implement a standardized fee schedule for all engineering services 
provided in connection with flood insurance coverage provided under 
this title by means of a Write Your Own arrangement.''.

SEC. 408. STUDY ON INCREASING PARTICIPATION.

  (a) In General.--The Comptroller General of the United States shall 
conduct a study that proposes to address, through programmatic and 
regulatory changes, how to increase participation in flood insurance 
coverage.
  (b) Issues.--In conducting the study under subsection (a), the 
Comptroller General shall consider the following:
          (1) Expanding participation in flood insurance coverage, 
        beyond areas having special flood hazards, to areas of moderate 
        or minimal flood hazard risk.
          (2) Automatically enrolling consumers in flood insurance 
        while providing consumers the opportunity to decline 
        enrollment.
          (3) Bundling flood insurance coverage that diversifies risk 
        across all or multiple-peril forms.
  (c) Determinations.--In conducting the study under subsection (a), 
the Comptroller General shall determine the following:
          (1) The percentage of properties with federally backed 
        mortgages located in an area having special flood hazards that 
        are covered by flood insurance that satisfies the requirement 
        under section 102(b) of the Flood Disaster Protection Act of 
        1973 (42 U.S.C. 4012a(b)).
          (2) The percentage of properties with federally backed 
        mortgages located in the 500-year floodplain that are covered 
        by flood insurance that would satisfy the requirement described 
        in paragraph (1) if that requirement applied to such 
        properties.
  (d) Report.--Not later than 18 months after the date of enactment of 
this Act, the Comptroller General of the United States shall submit a 
report on the study conducted under subsection (a) to the Committee on 
Financial Services of the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate.
  (e) Definitions.--For purposes of this section--
          (1) the term ``500-year floodplain'' has the meaning given 
        the term in section 100202(a) of the Biggert-Waters Flood 
        Insurance Reform Act of 2012 (40 U.S.C. 4004(a));
          (2) the terms ``Federal agency lender'', ``improved real 
        estate'', and ``regulated lending institution'' have the 
        meanings given such terms in section 3(a) of the Flood Disaster 
        Protection Act of 1973 (42 U.S.C. 4003(a)); and
          (3) the term ``property with a federally backed mortgage'' 
        means improved real estate or a mobile home securing a loan 
        that was--
                  (A) made by a regulated lending institution or 
                Federal agency lender; or
                  (B) purchased by the Federal National Mortgage 
                Association or the Federal Home Loan Mortgage 
                Corporation.

                          Purpose and Summary

    On June 10, 2019, Chairwoman Maxine Waters introduced H.R. 
3167, the ``National Flood Insurance Program Reauthorization 
Act of 2019,'' which reauthorizes the National Flood Insurance 
Program (NFIP) for five years and would make several reforms to 
address affordability, mapping, floodplain management and 
mitigation, among other things. This bill would address 
affordability of premiums by: 1) creating a 5-year 
demonstration program for means-tested assistance to low-income 
policyholders; 2) repealing surcharges; 3) enabling 
policyholders to pay premiums in monthly installments; and 4) 
creating a state revolving loan fund. H.R. 3167 would also make 
several improvements to floodplain management and mitigation 
by: 1) raising the amount of funds made available under the 
Increased Cost of Compliance program and expanding the eligible 
mitigation activities under ICC; 2) helping to target 
mitigation funding for repeatedly flooded communities; 3) 
granting credits for alternative forms of mitigation when 
elevation is not feasible, 4) allowing NFIP coverage for 
cooperatives and community-based policies; and 5) authorizing 
floodplain management activities. Lastly, H.R. 3167 authorizes 
funding for flood mapping, requires up-to-date technology and 
more advanced and granular maps, improves the process for 
policyholders and communities to appeal FEMA's mapping 
decisions, and creates new flood map zones for levee-impacted 
and agricultural areas.

                  Background and Need for Legislation

    NFIP is the principal provider of primary flood insurance 
in the U.S., covering over 5 million households and businesses 
across the country for a total of over $1.3 trillion in flood 
insurance coverage.\1\ As of the end of FY 2018, 22,324 
communities participate in the NFIP, covering an estimated 93 
percent of the U.S. population. According to FEMA, the NFIP 
saves the nation an estimated $1.9 billion annually in flood 
losses avoided because of the NFIP's building and floodplain 
management regulations.
---------------------------------------------------------------------------
    \1\See Policy Statistics, National Flood Insurance Program, current 
as of September 30, 2018, available at: http://bsa.nfipstat.fema.gov/
reports/1011.htm.
---------------------------------------------------------------------------
    The NFIP is largely self-funded through insurance premiums 
collected from policy holders. Policyholders are also assessed 
a number of surcharges and other fees. In FY 2018, 
policyholders paid $382 million in surcharges, $188 million in 
federal policy fees, and $497 million in reserve fund 
assessments.\2\
---------------------------------------------------------------------------
    \2\Federal Insurance and Mitigation Administration report, The 
Watermark, FY18 Volume 4.
---------------------------------------------------------------------------
    Since FY2017, the NFIP has been extended by 13 short-term 
reauthorizations, causing uncertainty and instability in the 
market, and is now set to expire on November 21, 2019. In the 
event of a lapse, the NFIP would be unable to enter into new 
flood insurance contracts and could stall mortgage processing 
for homes that are statutorily required to have flood 
insurance. According to the National Association of Realtors, 
an estimated 40,000 home sales are not finalized or are 
interrupted every month that the NFIP's authority lapses. H.R. 
3167 would reauthorize the NFIP for five years.

Policyholder costs and affordability

    In response to sharp rate increases in 2013, Congress 
enacted the Homeowner Flood Insurance Affordability Act 
(HFIAA), which mandated that FEMA develop an affordability 
framework aimed at providing targeted assistance for 
policyholders. In 2018, FEMA submitted the Framework finding, 
among other things, that, ``generally, incomes are higher 
outside the Special Flood Hazard Area (SFHA) than they are 
inside the SFHA. The median household income for residential 
policyholders is $82,000, although it is substantially lower in 
the SFHA than outside the SFHA.''\3\ Further, FEMA found that 
``the combination of higher premiums and lower incomes in the 
SFHA creates affordability pressure on households.''\4\ In 
response, H.R. 3167 would create a five-year demonstration 
program that would provide means-tested assistance to 
policyholders at or below 80 percent of area median income 
(AMI) whose premiums exceed 2 percent of annual AMI. FEMA 
estimates that the demonstration program would cost $47 million 
and provide premium relief for 62,000 policyholders.
---------------------------------------------------------------------------
    \3\An Affordability Framework for the National Flood Insurance 
Program, Department of Homeland Security, April 2018, available at: 
https://www.fema.gov/media-library-data/1524056945852-
e8db76c696cf3b7f6209e1adc4211af4/Affordability.pdf.
    \4\Id.
---------------------------------------------------------------------------
    HFIAA also slowed the glide path for reaching actuarial 
rates and caps premium increases in a rate class at 15% 
annually. H.R. 3167 maintains these premium protections. HFIAA 
also mandated surcharges on policyholders that are outside of 
actuarial risk. Recently, in its report entitled, ``Options for 
Reducing the Deficit: 2019 to 2028,'' CBO recommended 
eliminating this surcharge. H.R. 3167 would repeal the 
surcharges.
    Other provisions in H.R. 3167 that assist policyholders 
with payments include: 1) allowing for monthly installment 
payments, which is similar to an amendment to H.R. 2874 from 
the 115th Congress offered by David Scott; 2) raising the 
minimum mandatory coverage amount from $5,000 to $25,000 to 
assist small businesses with small-dollar mortgages; and 3) 
allowing states to partner with FEMA to create revolving loan 
funds to provide low-interest loans to communities for 
mitigation investments, which is similar to H.R. 1610 sponsored 
by Reps. Crist and Williams.

Mapping

    H.R. 3167 reauthorizes the NFIP's flood mapping program for 
five years, authorizes $500 million in flood mapping funding 
each year for five years, expands mapping to all areas of the 
United States, and calls for FEMA to make improvements to 
mapping of future flood risk. H.R. 3167 also requires FEMA to 
utilize up-to-date technology, improve coordination with USGS, 
states, and communities, and create more advanced and granular 
maps, which are provisions similar to H.R. 4905 from the 115th 
Congress, sponsored by Reps. Gonzalez and Mooney. H.R. 3167 
also creates a pilot program to enhance mapping of urban 
flooding, make improvements to the appeals for communities and 
policyholders, and allow for the adoption of parts of flood 
maps while other parts are being finalized to bring certainty 
to communities.
    H.R. 3167 also creates two new flood map zones: 1) for 
levee-impacted areas that provides partial protection even if 
it does not meet the minimum standards of the NFIP and 2) for 
agricultural structures in SFHAs. In many farm communities, 
meeting the current requirement to raise new, expanded, or 
repaired structures in the SFHA would require raising barns and 
silos upwards of 10 feet, which is cost prohibitive or simply 
inconsistent with continued agricultural land use. To address 
these issues, H.R. 3167 also enables local jurisdictions to 
provide variances from federal elevation and floodproofing 
requirements where compliance with such standards is 
impracticable, where a variance would not threaten public 
safety, require extraordinary public expense, create nuisances, 
or conflict with existing laws and ordinances, and where no 
more than one claim over $1,000 has been paid in the preceding 
10 years. This language is similar to H.R. 830 sponsored by 
Reps. Garamendi and LaMalfa.

Mitigation

    Increased Cost of Compliance (ICC) coverage is one of 
several resources available to policyholders to assist with the 
rebuilding process after a flood. Currently, eligible NFIP 
policyholders can receive up to $30,000 in ICC funds to 
rebuild, relocate, or elevate a structure. H.R. 3167 increases 
the amount of (ICC) policyholder funds available by directing 
FEMA to maximize ICC fee revenue, and expands the eligible uses 
of such funds to include pre-disaster mitigation and buyouts.
    H.R. 3167 also makes a number of improvements to address 
properties that repeatedly flood. Although repetitive loss 
properties make up just one percent of NFIP policies, they 
account for 25-30 percent of claims.\5\ H.R. 3167 establishes 
clear definitions for varying degrees of repetitive loss 
properties and allows the Administrator to consider the extent 
to which a community is working to remedy such repetitive loss 
properties when allocating mitigation assistance. This will 
help to better target mitigation assistance to the properties 
and communities that are the highest risk.
---------------------------------------------------------------------------
    \5\See, PEW Charitable Trusts, ``Repeatedly Flooded Properties Cost 
Billions'', available at https://www.pewtrusts.org/ /media/assets/2016/
10/repeatedly_flooded_properties_cost_billions. pdf?la=en.
---------------------------------------------------------------------------
    H.R. 3167 also provides mitigation credits for alternative 
forms of mitigation that may be necessary in dense, urban 
environments where elevation is not possible. H.R. 3167 would 
also enable the NFIP to provide coverage for cooperatives, 
similar to H.R. 2868 from the 115th Congress sponsored by Reps. 
Zeldin and Maloney, and create a three-year community-based 
flood insurance pilot program to make single, community-wide 
policies available for purchase.
    H.R. 3167 authorizes $200,000,000 each year for five years 
for purposes of flood mitigation assistance, provides grants to 
communities for community rating system coordinators, and 
authorizes a technical assistance program for floodplain 
management.

Private sector and NFIP modernization

    In February of 2019, the federal financial regulators 
promulgated a final rule implementing a provision of the 
Biggert-Waters Act to allow for the acceptance of certain 
private flood insurance policies to satisfy the mandatory 
purchase requirement.\6\ However, the regulators did not 
address the issue of ``continuous coverage.'' As a result, 
policyholders that leave the NFIP to purchase a private policy 
would lose their subsidies or grandfathered status with their 
NFIP policy if they ever decided to return. H.R. 3167 ensures 
that a policyholder does not lose their subsidies or 
grandfathered status if they leave and return to the NFIP after 
purchasing a private policy. This language is similar to H.R. 
1666 sponsored by Reps. Castor and Luetkemeyer. H.R. 3167 also 
ensures that an NFIP policyholder who would like to switch to a 
private policy but has paid their annual premiums up front can 
receive a prorated refund from the NFIP when they make the 
switch.
---------------------------------------------------------------------------
    \6\Under the Flood Disaster Protection Act of 1973 regulated 
lending institutions are prohibited from making, increasing, extending 
or renewing a loan secured by improved real estate or a mobile home 
located or to be located in an SFHA in a community participating in the 
NFIP unless the property securing the loan is covered by flood 
insurance. Flood insurance may be provided through the NFIP or through 
a private insurance carrier.
---------------------------------------------------------------------------
    H.R. 3167 requires the NFIP to modernize its policies for 
multifamily and commercial structures by allowing for 
``umbrella policies'' that provide coverage for multiple 
structures in a single policy. Currently, umbrella policies are 
not offered by the NFIP and private umbrella policies do not 
satisfy the federal mandatory purchase requirement, which means 
that many businesses are forced to purchase separate NFIP 
policies for each individual structure, and if the maximum 
coverage allowed under the NFIP is insufficient, they are then 
forced to purchase a separate private policy that covers losses 
beyond the NFIP's maximum coverage limits. H.R. 3167 would 
provide relief for these business owners by allowing them to 
obtain a single policy to cover their structures.

                      Section-by-Section Analysis


Sec. 1. Short title

    National Flood Insurance Program Reauthorization Act of 
2019.

Sec. 2. Congressional findings

    This section includes several findings related to disaster 
costs and impacts in the United States, the role of the 
National Flood Insurance Program (NFIP), and the affordability 
challenges that policyholders face.

               TITLE I--REAUTHORIZATION AND AFFORDABILITY

Sec. 101. Program extension

    This section amends sections 1309 and 1319 of the National 
Flood Insurance Act of 1968 to reauthorize the NFIP for five 
years through September 30, 2024 and allows for a retroactive 
effective date in the event of a lapse.

Sec. 102. Demonstration program for policy affordability

    This section creates a five-year demonstration program to 
provide targeted financial assistance to low-income 
policyholders. The assistance would be made available to 
policyholders earning 80 percent or less of the area median 
income, which will be determined by the FEMA Administrator in 
consultation with the Secretary of Housing and Urban 
Development. The discount will cover the chargeable premium 
rate in excess of two percent of the annual area median income 
for the area in which the property is located. However, all 
policyholders will be provided a written statement detailing 
the full actuarial premium rate for the coverage so that the 
policyholder knows the full-risk rate. The section also 
requires that the FEMA Administrator report to Congress on the 
demonstration.

Sec. 103. Premium and fees relief for families and small businesses

    This section repeals section 1308A of the National Flood 
Insurance Act of 1968, ending surcharges currently assessed on 
policyholders, which in FY 2018, would have saved policyholders 
$380 million. The CBO previously recommended repealing these 
surcharges in its report entitled, ``Options for Reducing the 
Deficit: 2019 to 2028.'' Further, this section also amends 
section 102(c) of the Flood Disaster Protection Act of 1973 to 
raise the minimum loan amount that triggers the mandatory 
purchase requirement from/$5,000 to $25,000.

Sec. 104. Monthly installment payment of premiums

    This section amends sections 1307 and 1308(g) of the 
National Flood Insurance Act of 1968 to include language 
similar to an amendment to H.R. 2874 from the 115th Congress 
offered by Rep. David Scott to authorize monthly payments 
instead of the current annual payment for flood insurance 
premiums.

Sec. 105. State revolving loan funds for flood mitigation

    This section adds a new section 1326 to the National Flood 
Insurance Act of 1968, which authorizes FEMA to enter into 
agreements with eligible States to establish a flood mitigation 
assistance revolving loan fund to decrease flood risk. States 
can use the funding for a number of eligible activities such as 
elevation or relocation of the home but cannot use the funds 
for other activities such as new construction or to assist 
high-income homeowners. This section is similar to H.R. 1610 
sponsored, by Reps. Crist and Williams.

Sec. 106. Use of replacement cost value

    This section further amends section 1307 of the National 
Flood Insurance Act of 1968 by adding a new subsection (i), 
which restates FEMA's existing authority to consider the 
replacement cost value of the home in determining the 
affordability of insurance premiums.

Sec. 107. Refund of premiums upon cancellation

    This section amends section 1306 of the National Flood 
Insurance Act of 1968 by adding a new subsection (e), which 
ensures that if an NFIP policyholder decides to switch to a 
private flood insurance, but they have already paid their NFIP 
premiums for the entirety of the year up front, the 
policyholder would receive a prorated refund of their NFIP 
premiums for the remainder of the year.

                           TITLE II--MAPPING

Sec. 201. Reauthorization of appropriations for national flood mapping 
        program

    This section amends subsection (f) of section 100216 of the 
Biggert-Waters Flood Insurance Reform Act of 2012 to authorize 
$500 million for each year over five years for flood mapping.

Sec. 202. National flood mapping program

    This section further amends section 100216 of the Biggert-
Waters Flood Insurance Reform Act of 2012, including by adding 
several new subsections at the end. The amendments made by this 
section expand flood mapping to all areas of the United States. 
The amendments made by this subsection also requires FEMA to 
utilize updated mapping technology, such as LiDAR, and provides 
for digital displays, and property specific mapping. The 
amendments made by this subsection require FEMA to submit an 
annual report to Congress on the progress achieved in the 
mapping program under this section including recommendations to 
reduce the cost and improve implementation. Lastly, the 
amendments made by this subsection require that in updating and 
maintaining maps, the FEMA Administrator shall ensure that maps 
are adequate for identifying future flood risks. Parts of this 
section are similar to H.R. 4905 from the 115th Congress, 
sponsored by Representatives Gonzalez and Mooney.

Sec. 203. Flood mapping modernization and homeowner empowerment pilot 
        program

    This section creates a pilot program to enhance mapping of 
urban flooding and better assessing urban flood risk, including 
authorizing funds for this pilot program. This section is 
similar to H.R. 2462, sponsored by Reps. Quigley and Rooney.

Sec. 204. Mapping improvements and reach

    This section further amends section 100216 of the Biggert-
Waters Flood Insurance Reform Act of 2012 to expand flood 
mapping to all areas of the United States and calls for mapping 
of future flood risk.

Sec. 205. Appeals regarding existing flood maps

    This section amends section 1360 of the National Flood 
Insurance Act of 1968 by adding a new subsection (k), which 
provides a State, local government, or property owner, the 
right to appeal a denial for a map update if the entity or 
individual possesses knowledge or information that the flood 
elevation or an aspect of the map is inaccurate, or factors 
exist that mitigate the risk of flooding. The entity or 
individual can further appeal an adverse decision to the 
Scientific Resolution Panel, which shall recommend a non-
binding decision to the FEMA Administrator. In the case of a 
successful or partially successful appeal, the Administrator is 
required to provide a refund of excess premiums paid.

Sec. 206. Appeals and publication of projected special flood hazard 
        areas

    This section amends section 1363 of the National Flood 
Insurance Act of 1968 to grant homeowners 90 days after the 
date of the second publication of a proposed flood insurance 
rate map to appeal the determination and provides that if no 
such appeal is received, that the proposed rate map is final.

Sec. 207. Communication and outreach regarding map changes

    This section further amends section 100216 of the Biggert-
Waters Flood Insurance Reform Act of 2012 to make a technical 
change to clarify that communities have a maximum of 30 days 
after being notified of a new map or map update to consult with 
the FEMA Administrator.

Sec. 208. Adoption of partial flood maps

    This section amends section 1360(f) of the National Flood 
Insurance Act of 1968 to allow for portions of flood insurance 
rate maps for which no appeal has been submitted within the 
allowed for 90-day period to become final even if other 
portions are under appeal.

Sec. 209. New zone for levee-impacted areas

    This section further amends section 1360 of the National 
Flood Insurance Act of 1968 to add a new subsection (l), which 
creates a new flood zone, known as the AL-E zone, that accounts 
for levee-impacted areas on flood maps, and provide for flood 
insurance rates in accordance with the protection afforded by 
the levee.

Sec. 210. Agricultural structures in special flood hazard areas

    This section amends sections 1308 and 1315(a) of the 
National Flood Insurance Act of 1968 to grant local variances 
for certain agricultural structures so that elevation or flood 
proofing of such a structure is not required if elevation or 
flood proofing would not be practicable and if it would not 
result in increased flood heights or threats to public safety 
and provided that not more than one claim payment exceeding 
$1,000 has been made for the structure within a ten-year 
period. This section is similar to H.R. 830, sponsored by Reps. 
Garamendi and LaMalfa.

Sec. 211. Technical mapping advisory council

    This section amends section 100215 of the Biggert-Waters 
Flood Insurance Reform Act of 2012 to add members to the 
Technical Mapping Advisory Council (TMAC) including a member of 
a recognized professional real estate brokerage association.

                         TITLE III--MITIGATION

Sec. 301. Increased Cost of Compliance

    This section amends section 1304(b) of the National Flood 
Insurance Act of 1968 to authorize the FEMA Administrator to 
supplement its existing Increased Cost of Compliance (ICC) 
program by raising the maximum amount available from $30,000 to 
$60,000. The amendments made by this section also expands the 
eligible uses of ICC funds to include alternative methods of 
mitigation, pre-disaster mitigation, and the costs of property 
acquisition.

Sec. 302. Multiple-loss properties

    This section amends section 1361 of the National Flood 
Insurance Act of 1968 by adding a new subsection (e), which 
grants the FEMA Administrator discretion to take into account 
when making determinations regarding mitigation assistance the 
extent to which communities are working to remedy problems with 
addressing multiple loss properties. The section also amends 
section 1370 of the Act to include definitions of multiple loss 
properties which includes repetitive loss, severe repetitive 
loss, and extreme repetitive loss. This section also makes 
amendments to the National Flood Insurance Act of 1968 to 
conform the Act to these modifications.

Sec. 303. Premium rates for certain mitigated properties

    This section amends sections 1308 and 1361 of the National 
Flood Insurance Act of 1968 to allow for premium credits for 
alternative methods of mitigation that are more appropriate for 
dense urban environments where elevation is not practicable. 
This section is similar to H.R. 2868 from the 115th Congress 
sponsored by Reps. Zeldin and Maloney.

Sec. 304. Coverage for cooperatives

    This section amends sections 1306 and 1312 of the National 
Flood Insurance Act of 1968 to require the FEMA Administrator 
to make NFIP coverage available to co-op and condo owners. This 
section is similar to H.R. 2868 from the 115th Congress, 
sponsored by Reps. Zeldin and Maloney.

Sec. 305. Voluntary community-based flood insurance pilot program

    This section authorizes the FEMA Administrator to create a 
pilot program that makes available community-wide policies that 
cover all residential and non-residential properties in the 
community. The authority for the pilot program sunsets on 
September 30, 2022.

Sec. 306. Mitigation funding

    This section provides $200 million each year for five years 
for the Flood Mitigation Assistance program.

Sec. 307. Community rating system improvements

    This section amends section 1315 of the National Flood 
Insurance Act of 1968 to make improvements to the Community 
Rating System (CRS) by requiring that credits be issued to the 
maximum number of communities practicable and by authorizing 
grants to consortia of States and communities for the costs of 
employing individuals to coordinate and carry out the 
responsibilities of participation in the CRS program. This 
section is similar to H.R. 3135 from the 115th Congress, 
sponsored by Rep. Keating.

Sec. 308. Community assistance program for effective floodplain 
        management

    This section amends the National Flood Insurance Act of 
1968 to add a new section 1327, which authorizes, for the first 
time, a community assistance program for floodplain management 
by providing community assistance grants, conducing periodic 
assessments of technical assistance and training needs of 
States, Indian tribes, and communities, providing such 
technical assistance and training, and periodically assess the 
losses avoided nationally due to the adoption of qualifying 
floodplain management standards. In addition, this section 
requires States that receive grant funding to develop and 
execute a strategy to provide technical and financial 
assistance to communities, including small and rural 
communities, and to encourage greater participation in the CRS 
program. The new section 1327 also authorizes $20 million each 
year for five years to carry out this program. This section 
also makes certain conforming changes.

                        TITLE IV--MODERNIZATION

Sec. 401. Effect of private flood insurance coverage on continuous 
        coverage requirements

    This section further amends section 1308 of the National 
Flood Insurance Act of 1968 to allow NFIP policyholders who 
leave the program to purchase a private policy to return to the 
NFIP without penalty.

Sec. 402. Optional coverage for umbrella policies

    This section further amends section 1306 of the National 
Flood Insurance Act of 1968 to authorize the FEMA Administrator 
to offer umbrella policies for commercial properties, including 
multifamily and agricultural properties.

Sec. 403. Annual independent actuarial study

    This section adds a new section 1349 to the National Flood 
Insurance Act of 1968 to require an annual independent 
actuarial study of the NFIP to analyze the financial status of 
the NFIP. The Administrator is required to submit a report to 
Congress describing the results of the study.

Sec. 404. Sharing of and access to claims history data

    This section amends section 1313 of the National Flood 
Insurance Act of 1968 to ensure that homeowners and homebuyers 
can obtain property-specific information about prior flooding 
from FEMA in order to make more informed decisions about 
mitigation investments or home purchases.

Sec. 405. Elevation certificates

    This section amends the National Flood Insurance Act of 
1968 by adding a new section 1328, which codifies existing FEMA 
guidance that provides that elevation certificates do not 
expire until the date on which there is an alteration in the 
building.

Sec. 406. Leveraging risk transfer opportunities

    This section amends section 1345 of the National Flood 
Insurance Act of 1968 to direct FEMA to evaluate ceding a 
portion of risk to private reinsurance or capital markets on an 
annual basis.

Sec. 407. Write-Your-Own arrangements

    This section further amends section 1345 of the National 
Flood Insurance Act of 1968 to add two new subsections, which 
codify FEMA's existing authority to terminate WYO companies 
that engage in fraud or otherwise fail to comply with FEMA's 
requirements.

Sec. 408. Study on participation rates

    This section requires the GAO to study and submit a report 
to Congress on participation rates.

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 for the 
116th Congress, the Committee on Financial Services held a 
hearing to consider H.R. 3167 entitled ``Preparing for the 
Storm: Reauthorization of the National Flood Insurance 
Program'' on March 13, 2019. Testifying before the Committee 
was Maria Cox Lamm, South Carolina Department of Natural 
Resources, on behalf of the Association of State Flood Plain 
Managers; Christopher Heidrick, Heidrick & Company Insurance 
and Risk Management Services, LLC, on behalf of the Independent 
Insurance Agents and Brokers of America; Velma Smith, Senior 
Officer, The Pew Charitable Trusts; Mabel Guzman, Broker, 
@properties, on behalf of the National Association of Realtors; 
Collin O'Mara, President and CEO, National Wildlife Federation, 
on behalf of the SmarterSafer Coalition; Raymond J. Lehmann, 
Director of Finance, Insurance and Trade Policy, R Street 
Institute. A number of members of the House of Representatives 
also testified, including The Honorable Sean P. Duffy, Member 
of Congress; The Honorable Garret Graves, Member of Congress; 
The Honorable Blaine Luetkemeyer, Member of Congress; The 
Honorable Frank Pallone, Member of Congress; The Honorable Bill 
Pascrell, Member of Congress; and The Honorable Steve Scalise, 
Member of Congress.

                        Committee Consideration

    The Committee on Financial Services met in open session on 
June 12, 2019, and ordered H.R. 3167 to be reported favorably 
to the House with an amendment in the nature of a substitute by 
a vote of 59 yeas and zero nays, a quorum being present.

                  Committee Votes and Roll Call Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following roll call vote occurred during the Committee's 
consideration of H.R. 3167:


  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the descriptive portions of this report.

             Statement of Performance Goals and Objectives

    Pursuant to clause (3)(c) of rule XIII of the Rules of the 
House of Representatives, the goals of H.R. 3167 are to 
reauthorize the NFIP and address affordability, mapping, 
floodplain management and mitigation reforms, among other 
things.

               New Budget Authority and CBO Cost Estimate

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives and section 308(a) of the 
Congressional Budget Act of 1974, and pursuant to clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 402 of the Congressional Budget Act 
of 1974, the Committee has received the following estimate for 
H.R. 3167 from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 4, 2019.
Hon. Maxine Waters,
Chairwoman, Committee on Financial Services,
House of Representatives, Washington, DC.
    Dear Madam Chairwoman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3167, the National 
Flood Insurance Program Reauthorization Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    

    The bill would
           Extend the authority of the National Flood 
        Insurance Program (NFIP) to operate through fiscal year 
        2024
           Change premium amounts for some 
        policyholders
           Authorize appropriations for several grant 
        programs related to mapping flood zones and mitigating 
        flood risks
    Estimated budgetary effects would primarily stem from
           Changing policyholders' premiums and 
        coverage
           Changes in the number of people who choose 
        to purchase NFIP policies
           Amounts appropriated for various NFIP grant 
        programs
    Areas of significant uncertainty include
           Estimating the number of affected 
        policyholders and properties
           Estimating policyholders' responses to 
        changes in incentives to purchase or drop insurance 
        coverage
           Estimating how many policyholders and 
        communities would appeal changes to flood maps and how 
        the results of those appeals would affect premiums.
    Bill summary: H.R. 3167 would authorize the National Flood 
Insurance Program, which is administered by the Federal 
Emergency Management Agency (FEMA), to enter into and renew 
flood insurance policies through fiscal year 2024. Under 
current law, that authority expires on November 21, 2019.
    The bill also would change the program to reduce the cost 
of flood insurance for some policyholders. CBO estimates that 
enacting H.R. 3167 would reduce some premiums and would affect, 
in different ways, the number of property owners who purchase 
insurance through the NFIP.
    Finally, H.R. 3167 would authorize FEMA to perform other 
activities, such as funding grants for flood mitigation, 
improving the quality and use of flood zone maps, and changing 
administrative processes.
    Estimated Federal cost: The estimated budgetary effect of 
H.R. 3167 is shown in Table 1. The costs of the legislation 
fall within budget function 450 (community and regional 
development).

                                                   TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 3167
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2020    2021    2022    2023    2024    2025    2026    2027    2028    2029   2020-2024  2020-2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Increases in Direct Spending
 
Estimated Budget Authority........................      15      32      71      83     101      74      74      76      76      76       302        678
Estimated Outlays.................................      15      32      71      83     101      74      74      76      76      76       302        678
 
                                                                  Decreases in Revenues
 
Estimated Revenues................................       0       0      -1      -2      -2      -3      -4      -5      -5      -5        -5        -27
 
                                        Net Increase in the Deficit From Changes in Direct Spending and Revenues
 
Effect on the Deficit.............................      15      32      72      85     103      77      78      81      81      81       307        705
 
                                                     Increases in Spending Subject to Appropriation
 
Estimated Authorization...........................     784     794     791     792     292      16       9       9       9       9     3,454      3,506
Estimated Outlays.................................     141     423     619     794     692     566     220      33       9       9     2,669      3,506
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: Congressional Budget Office; staff of the Joint Committee on Taxation.
Components may not sum to totals because of rounding.

    Basis of estimate: CBO assumes that the legislation will be 
enacted by the end of 2019, that changes in NFIP premiums would 
take effect gradually for new and renewed policies beginning in 
the spring of 2020, and that the authorized and necessary 
amounts will be appropriated for each fiscal year.
    Background: The NFIP was established to encourage property 
owners to purchase flood insurance in the communities that have 
adopted minimum guidelines for floodplain management and that 
enforce building codes designed to mitigate flood damage.
    Terms of Coverage. If a property is in a special flood 
hazard area (SFHA, a location estimated to have at least a 1 
percent chance of being flooded in any year) and is financed by 
a federally regulated lending institution, a government-
sponsored enterprise for housing, or a federal lender, it must 
be covered by flood insurance. That coverage mandate is known 
as the mandatory purchase requirement (MPR). Property that does 
not meet those criteria may be covered by an NFIP policy at the 
owners' discretion.
    Premiums. Property owners who buy coverage through the NFIP 
pay annual premiums that are deposited into the National Flood 
Insurance Fund and used to pay damage claims submitted by 
policyholders. Owners of most covered properties--about 80 
percent--are charged a premium based on FEMA's estimate of the 
expected cost to insure those properties against damage that 
the property will incur, in an average year, from flooding 
(known as actuarial premiums).
    Premiums for the remaining 20 percent of properties are 
subsidized, and policyholders pay less than the expected 
cost.\1\ Throughout the program's history, the Congress has 
directed FEMA to set premiums below full-risk rates for 
properties built before a community's flood insurance rate map 
(FIRM) was completed, or before 1975, whichever is later. FEMA 
estimates that, on average, premiums for those pre-FIRM 
properties are set at about 55 percent to 60 percent of the 
expected cost. Pre-FIRM properties constitute the majority of 
subsidized properties. A few post-FIRM properties also are 
eligible for discounted premiums. Some properties that have 
been newly mapped into SFHAs are charged lower rates for one 
year. In other cases, premiums are reduced for properties close 
to levees or other structures that, although originally built 
to mitigate flooding, are not functional.
---------------------------------------------------------------------------
    \1\For details about subsidized premiums, see Congressional Budget 
Office, The National Flood Insurance Program: Financial Soundness and 
Affordability (September 2017), www.cbo.gov/publication/53028, and The 
National Flood Insurance Program: Factors Affecting Actuarial Soundness 
(November 2009), www.cbo.gov/publication/41313.
---------------------------------------------------------------------------
    FEMA is gradually increasing premiums for properties with 
explicit subsidies, aiming to phase out those subsidies 
eventually. For most policies, such as those for primary 
residences, increases are capped at 18 percent per year. In 
fiscal year 2018, FEMA collected about $3.5 billion in premiums 
from roughly 5 million policyholders.
    Additional Collections From Policyholders. All 
policyholders pay two extra fees: an NFIP Reserve Fund 
assessment set at 15 percent of the premium (or $115 per 
policy, on average), and a surcharge of $25 for primary 
residences or $250 for nonprimary residences and commercial 
properties.\2\ In 2018, $880 million from those fees was 
deposited into the NFIP Reserve Fund to pay claims.
---------------------------------------------------------------------------
    \2\A primary residence is a single-family dwelling, condominium 
unit, apartment, or unit within a cooperative building in which the 
policyholder resides for more than half of the days in a calendar year, 
or for less than half of the year if the policyholder has one residence 
and does not lease it to another party. Nonprimary residences typically 
are vacation homes or rental properties.
---------------------------------------------------------------------------
    The NFIP's Ability to Pay Claims and Other Expenses. In 
addition to receipts from premiums and fees, the National Flood 
Insurance Fund and the NFIP Reserve Fund may be credited with 
annual appropriations, interest earned on fund balances, and 
amounts borrowed from the Treasury. For 2018, the Congress 
appropriated $204 million to the National Flood Insurance Fund, 
and the NFIP borrowed and spent $6.1 billion in 2018, mostly to 
cover claims from Hurricanes Harvey, Irma, and Maria, which 
made landfall in 2017.
    In 2018, the NFIP also spent $400 million to secure private 
reinsurance. If an individual flood generates losses above a 
specified amount, the reinsurer pays a claim to the NFIP, which 
reduces borrowing from the Treasury. In 2018, the program 
recovered more than $1.0 billion in reinsurance claims to pay 
NFIP policyholders' claims after Hurricane Harvey.
    Most of the NFIP's expenses consist of claims resulting 
from coverage in force. In 2018, the program spent $9.7 billion 
on claims and $2.6 billion on other expenses--for administering 
maps of flood zones, securing reinsurance, and paying 
commissions to private insurance companies that administer NFIP 
policies, for example. In 2018, the program's costs totaled 220 
percent of premiums and other receipts.
    Historically, actual expenses for claims (not including 
other program expenses) have varied widely from year to year, 
ranging from less than 10 percent to almost 900 percent of the 
premiums collected. CBO estimates that annual expenses will, on 
average, exceed annual income.
    Direct spending: Section 101 would authorize FEMA to 
continue selling and renewing policies through September 2024; 
under current law that authority is set to expire on November 
21, 2019. The cost of extending the program through 2024 would 
total $2.1 billion but those costs are already included in 
CBO's baseline projections of spending (consistent with the 
rules governing baseline projections as specified in the 
Balanced Budget and Emergency Deficit Control Act of 1985). 
Thus, extending the NFIP's authority to continue operations 
would have no effect on direct spending, relative to CBO's 
baseline projections. CBO estimates that enacting the changes 
in H.R. 3167 that are not related to extending the program 
would, on net, increase direct spending by $678 million over 
the 2020-2029 period as shown in Table 2. Over the next 10 
years, the total cost of continuing to operate the NFIP under 
the bill would be $4.0 billion--$3.3 billion assumed in CBO's 
baseline and $0.7 billion stemming from changes in the bill.

                                       TABLE 2.--ESTIMATED CHANGES IN DIRECT SPENDING AND REVENUES UNDER H.R. 3167
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2020    2021    2022    2023    2024    2025    2026    2027    2028    2029   2020-2024  2020-2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Increases or Decreases (-) in Direct Spending
 
Increased Cost of Compliance:
    Estimated Budget Authority....................      15      30      30      30      31      31      31      31      31      31       136        291
    Estimated Outlays.............................      15      30      30      30      31      31      31      31      31      31       136        291
New Zone for Areas with Levees:
    Estimated Budget Authority....................       0       0       3      11      24      42      43      44      45      45        38        257
    Estimated Outlays.............................       0       0       3      11      24      42      43      44      45      45        38        257
Low-Income Pilot Program:
    Estimated Budget Authority....................       0       0      35      40      45       0       0       0       0       0       120        120
    Estimated Outlays.............................       0       0      35      40      45       0       0       0       0       0       120        120
Adoption of Partial Flood Maps and Appeals of
 Existing Maps:
    Estimated Budget Authority....................       0       2       3       3       3       3       3       4       4       4        11         29
    Estimated Outlays.............................       0       2       3       3       3       3       3       4       4       4        11         29
Coverage for Cooperatives:
    Estimated Budget Authority....................       *       *      -1      -2      -3      -3      -4      -4      -5      -5        -6        -27
    Estimated Outlays.............................       *       *      -1      -2      -3      -3      -4      -4      -5      -5        -6        -27
Small-Loan Exception to Purchase Requirement:
    Estimated Budget Authority....................       *       *       1       1       1       1       1       1       1       1         3          8
    Estimated Outlays.............................       *       *       1       1       1       1       1       1       1       1         3          8
    Total Changes:
        Estimated Budget Authority................      15      32      71      83     101      74      74      76      76      76       302        678
        Estimated Outlays.........................      15      32      71      83     101      74      74      76      76      76       302        678
 
                                                                  Decreases in Revenues
 
Estimated Revenues................................       0       0      -1      -2      -2      -3      -4      -5      -5      -5        -5        -27
 
                                        Net Increase in the Deficit From Changes in Direct Spending and Revenues
 
Total Changes.....................................      15      32      72      85     103      77      78      81      81      81       307        705
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: Congressional Budget Office; staff of the Joint Committee on Taxation.
* = between -$500,000 and $500,000.

    National Flood Insurance Program Premiums. H.R. 3167 also 
would affect direct spending by adjusting premiums or by 
changing the number of policies purchased. Most of the changes 
would decrease premiums; two would affect the number of NFIP 
policies purchased by property owners. The estimates for the 
following provisions are made under the assumption that all of 
the policies proposed in H.R. 3167 would be enacted together.
    Repeal Surcharges. Section 103 would repeal the annual $25 
surcharge for coverage of a primary residence and the $250 
surcharge for a nonprimary residence or commercial property. 
Those amounts are deposited into the NFIP Reserve Fund, along 
with the additional assessments for that fund--currently 15 
percent of a policy's premium. In 2018, FEMA collected $383 
million in surcharges and $497 million in assessments and thus 
deposited $880 million into the reserve fund.
    Under current law, FEMA must build up the fund's balances 
by depositing specified amounts from surcharges and 
assessments.\3\ H.R. 3167 would repeal the surcharge, but it 
would not change that mandate to contribute the minimum amount 
necessary each year. Based on information from FEMA officials, 
CBO expects that to compensate for the elimination of the 
surcharge under H.R. 3167, FEMA would administratively increase 
the assessment from 15 percent to about 26 percent, on average. 
As a result, CBO estimates, the cost of the provision would be 
fully offset over the 2020-2029 period through collections of 
larger assessments, but there would be no net change in total 
receipts collected by the program.
---------------------------------------------------------------------------
    \3\The Biggert-Waters Flood Insurance Reform Act of 2012 requires 
FEMA to deposit those collections to build a financial reserve that 
will meet the program's expected future obligations. Each year, the 
agency deposits at least 7.5 percent of its reserve ratio--equal to 1 
percent of the program's total potential loss exposure for all 
outstanding policies in force in the prior fiscal year. Coverage in 
force is currently about $1.3 trillion; the reserve ratio is 
approximately $13 billion. FEMA must deposit at least 7.5 percent of 
that amount each year until the balance reaches the reserve ratio. See 
42 U.S.C. 4017a(d).
---------------------------------------------------------------------------
    Increased Cost of Compliance. Section 301 would allow NFIP 
policyholders to purchase coverage under the Increased Cost of 
Compliance (ICC) program, which helps defray the cost of 
mitigation projects that reduce a property's risk of flood 
damage. Under current law, if a building covered by an NFIP 
policy sustains a flood loss and is declared substantially 
damaged or has been flooded repeatedly, ICC coverage provides 
up to $30,000 to bring the building into compliance with state 
or community floodplain management laws or ordinances. Spending 
for the ICC program is offset by premiums collected from 
policyholders. The annual ICC premium is currently capped at 
$75.
    Under H.R. 3167, policyholders could purchase additional 
coverage up to $30,000, bringing the maximum coverage to 
$60,000 for a single property. The bill also would expand the 
list of permissible uses of ICC funds to include new methods of 
mitigation, such as retrofitting property with flood-proof 
materials or relocating vulnerable structures. CBO expects that 
those changes would increase both the demand for ICC policies 
and the amount of the average ICC claim. Using information 
provided by FEMA, CBO estimates that the cost per ICC policy 
would increase by 150 percent under H.R. 3167.
    Because the bill would not authorize FEMA to increase ICC 
premiums, CBO estimates that the provision would increase net 
direct spending for that extra coverage. Using information from 
FEMA, CBO estimates that enacting that provision would increase 
direct spending by about $30 million annually and by $291 
million over the 2020-2029 period.
    New Zone for Areas with Levees. Section 209 would require 
FEMA to establish and map new flood zones (termed AL-E zones) 
for areas affected by the presence of levees. According to 
FEMA, 625,000 policyholders now reside in zones with levees; 
about 190,000 of those policies are in places where the levee 
system does not meet minimum standards for accreditation.
    Under the bill, communities with levee systems could apply 
to FEMA to remap their areas into AL-E zones. If FEMA 
determines that levees in those communities cannot be 
accredited, policyholders would be eligible for reduced rates 
associated with areas of moderate flood risk and would pay 
those lower rates until FEMA sets actuarially sound rates that 
account for the level of flood risk reduction provided by a 
particular levee system. Accordingly, CBO expects that enacting 
the provision initially would result in policyholders in AL-E 
zones paying lower premiums than under current law. The 
associated cost would increase over time, as more communities 
apply for AL-E designation, fail to achieve accreditation, and 
the policyholders thus begin to pay lower premiums.
    Using information from FEMA, CBO expects that the agency's 
levee review process would identify the first unaccredited 
levees two years after enactment. Beginning in 2022, CBO 
estimates, about 10,000 policies each year would become 
eligible for subsidized rates, and each year's cohort of AL-E 
applicants would pay those rates for an average of four years--
the period that CBO estimates that FEMA would need to set new 
AL-E rates for each zone. That estimate is based on information 
from the agency's Technical Mapping Advisory Council, which 
reported in 2015 that the production of a new or revised flood 
map typically takes three to five years. CBO estimates that the 
cost of the subsidized premiums would compound each year 
because more policyholders would become eligible and their 
properties would otherwise have been subject to a 15 percent 
annual premium increase. CBO estimates that enacting the 
provision would increase direct spending by $257 million over 
the 2020-2029 period.
    Low-Income Pilot Program. Section 102 would direct FEMA to 
implement a five-year demonstration project (ending on May 31, 
2024) that would offer discounted premiums to policyholders in 
residential households with income below 80 percent of the 
median income in the area. Under the bill, FEMA would consult 
with the Department of Housing and Urban Development to 
determine eligibility and offer qualifying policyholders annual 
premiums that did not exceed 2 percent of that area's median 
income. CBO expects that FEMA would require two years to set up 
the program so that the agency could establish data collection 
agreements with other agencies and develop new information 
systems to identify eligible households and verify incomes.
    Using information from FEMA, CBO estimates that 
approximately 60,000 current policyholders would meet the 
income requirement and we assume that the premium for eligible 
households would be set at a flat rate of 2 percent of an 
area's median income. On that basis, CBO estimates that 
enacting the provision would cost about $35 million in 2022 and 
that those costs would increase in 2023 and 2024 as more 
policyholders apply for and receive the discounted premium. The 
pilot program would terminate in 2024. CBO estimates that 
enacting the provision would reduce premiums and therefore 
increase direct spending by $120 million over the 2020-2029 
period.
    Adoption of Partial Flood Maps and Appeals of Existing 
Maps. Section 208 would allow local governments to delay the 
finalization of portions of flood maps in areas where the 
special flood hazard area expands and to expedite the 
finalization of changes in areas where the SFHA decreases. If 
communities delay adoption of flood maps with expanded SFHAs, 
some property owners would not be subject to the mandatory 
purchase requirement for flood insurance despite being in a 
high-risk flood zone. Furthermore, premiums in those areas 
would not be commensurate with actual flood risk, thus 
increasing the number of subsidized policies insured by the 
program. As a result, enacting section 208 would increase 
direct spending.
    The cost of enacting section 208 would depend on 
administrative decisions in the thousands of communities that 
participate in the NFIP and on the resulting differences in 
risks and premiums that would be created for particular 
portions of each community's flood map. Using information from 
FEMA, CBO expects that relatively few communities--roughly 10 
to 20 per year--would pursue partial appeals of flood maps and 
that those appeals would delay finalization of map changes by 
1.5 years, on average. CBO estimates that forgone premiums from 
5,000 to 10,000 policies each year would increase direct 
spending by $20 million over the 2020-2029 period. There is 
significant uncertainty surrounding that estimate. Spending 
could be higher or lower depending on how many communities 
appeal map changes and on how long those subsidized premiums 
are in place.
    Section 205 of the legislation also would increase costs by 
making the program's mapping update process more favorable to 
those seeking a revision. The provision would allow a state or 
local government, or a property owner, to appeal a denial for a 
formal map update if that entity has information that the flood 
elevation or some other aspect of the map is technically 
inaccurate or if the appellant can prove that factors exist 
that mitigate the risk of flooding. In the case of a successful 
appeal, the provision would require FEMA to refund excess 
premiums. Under current law, FEMA receives appeals for about 5 
percent of all flood map studies before they take effect. 
Refunds, in a limited set of cases, average about $3,100 per 
policy. Using information from FEMA, CBO estimates that the 
changes to the appeals process would result in several hundred 
additional policyholders receiving refunds each year and would 
increase direct spending by $9 million over the 2020-2029 
period.
    Changes That Would Affect the Number of NFIP Policies 
Purchased. Two provisions of H.R. 3167 would directly affect 
the number of policies purchased through the NFIP. All 
policies--whether actuarial or subsidized--generate income for 
the program in the form of surcharges and reserve fund 
assessments. Thus, changes to the program that reduce the 
number of policies purchased reduce income from those fees, 
effectively increasing the program's reliance on existing 
balances (or borrowing) to pay claims and therefore increasing 
direct spending. Simultaneously, any reduction in the number of 
subsidized policies would contribute to the actuarial soundness 
of the program because the expected costs of those policies are 
greater than the premiums paid for them.
    Coverage for Cooperatives. Under current law, individual 
owners of condominiums may purchase flood insurance under the 
program but residents who own shares in housing cooperatives--
called co-ops--cannot. Instead, a cooperative can purchase a 
master policy for a shared building. Section 304 would require 
FEMA to make flood insurance available to co-op members at 
terms that match those for condominium owners. CBO expects that 
enacting the provision would increase the number of NFIP 
policies.
    Using information from the Census Bureau, CBO estimates 
that the number of condominium units nationwide is more than 
seven times the number of co-op units. The NFIP currently 
insures about 86,000 individual condominium units. Assuming 
that a similar percentage of co-op owners would purchase 
insurance, CBO estimates that, under H.R. 3167, about 12,000 
co-op owners would purchase NFIP policies over the next few 
years, of which 20 percent would be subsidized. Using 
information from FEMA, CBO estimates that, on average, 
condominium owners pay more on premiums than the expected cost 
of their policies. On that basis, CBO estimates the provision 
would reduce direct spending by about $27 million over the 
2020-2029 period.
    Small-Loan Exception to Purchase Requirement. Under current 
law, owners must carry flood insurance if their properties are 
within an SFHA and financed by a federally regulated lending 
institution, government-sponsored enterprise for housing, or 
federal lender. Insurance coverage under those policies must at 
least equal either the outstanding principal balance of the 
loan (usually a home mortgage) or the maximum limit of coverage 
made available for the particular type of property, whichever 
is less. An exception is made for small loans: Flood insurance 
is not required for properties with an outstanding principal 
balance of $5,000 or less and a repayment term of one year or 
less.
    Section 103 would exempt property owners with an 
outstanding principal balance of $25,000 or less from the MPR. 
Using a database of NFIP policy information, CBO estimates that 
roughly 63,000 policyholders have outstanding mortgages between 
$5,000 and $25,000. CBO estimates that about 39,000 own 
properties in SFHAs that are subject to the MPR.
    CBO anticipates that some of those policyholders would drop 
their coverage. In 2014, the Government Accountability Office 
reported that many property owners underestimate both the risk 
of a flood and the amount of damage a flood might cause.\4\ On 
average, affected policyholders' premiums total about $170 
annually to cover the remaining mortgage principal owed on 
their properties. CBO is unaware of any data about the 
propensity of policyholders to drop insurance when given the 
opportunity. However, we expect that a significant number of 
people would drop coverage if the requirement changed. In the 
absence of more specific information, CBO assumes that under 
the bill about half of that group of roughly 39,000 
policyholders would drop their coverage within a few years.
---------------------------------------------------------------------------
    \4\See Government Accountability Office, Overview of GAO's Past 
Work on the National Flood Insurance Programs, GAO-14-297R (May 2014), 
www.gao.gov/products/GAO-14-297R.
---------------------------------------------------------------------------
    Using information from FEMA on premiums and assessments 
paid by those policyholders, and on the expected cost to insure 
them, CBO estimates that enacting section 103 would increase 
net direct spending by $8 million over the 2020-2029 period. 
The lost premiums and fees would be partially offset by a 
reduction in claims; in particular, property owners with 
subsidized policies who dropped coverage would reduce net 
spending because their expected cost to the NFIP exceeds 
premiums paid for the coverage. CBO's estimates of those costs 
are uncertain and could be significantly greater or smaller, 
depending on the number of dropped policies and whether those 
policies are subsidized.
    Revenues: Section 105 of the bill would authorize the 
appropriation of $250 million over the 2020-2024 period for 
FEMA to make grants to capitalize state revolving loan funds, 
from which states would in turn make loans and grants to 
finance flood mitigation projects. The staff of the Joint 
Committee on Taxation (JCT) expects that states would use a 
portion of those grants to leverage additional funds by issuing 
tax-exempt bonds. JCT estimates that issuing additional tax-
exempt bonds would reduce federal revenues by $27 million over 
the 2020-2029 period (see Table 2 on page 5).
    Spending subject to appropriation: H.R. 3167 would 
authorize appropriations totaling $3.5 billion over the 2020-
2024 period for FEMA to administer several grant programs, to 
modernize the agency's process for producing flood maps, and to 
make other changes to the program (see Table 3). CBO estimates 
that implementing those provisions would increase spending by 
$2.7 billion over the 2020-2024 period, assuming appropriation 
of the authorized and necessary amounts.

               TABLE 3.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 3167
----------------------------------------------------------------------------------------------------------------
                                                      By fiscal year, millions of dollars--
                                --------------------------------------------------------------------------------
                                     2020         2021         2022         2023         2024        2020-2024
----------------------------------------------------------------------------------------------------------------
Flood Mapping and Floodplain
 Management:
    Authorization..............          501          504          500          500            0           2,006
    Estimated Outlays..........          101          201          352          502          400           1,556
Flood Mitigation Funding:
    Authorization..............          270          277          277          277          277           1,378
    Estimated Outlays..........           27          209          253          277          277           1,043
Administrative and Other Costs:
    Estimated Authorization....           13           13           14           15           15              70
    Estimated Outlays..........           13           13           14           15           15              70
    Total Changes:
        Estimated Authorization          784          794          791          792          292           3,454
        Estimated Outlays......          141          423          619          794          692           2,669
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding.

    Flood Mapping and Modernization of Floodplain Management. 
Section 201 would authorize the appropriation of $500 million a 
year over the 2020-2023 period for FEMA's Risk MAP (Mapping, 
Assessment and Planning) program. Based on historic patterns of 
outlays for that program, CBO estimates that implementing those 
provisions would increase spending on flood mapping and 
floodplain management by $1.6 billion over the 2020-2024 period 
and by $450 million after 2024. Section 203 would authorize the 
appropriation of specific amounts for 2020 and 2021 that would 
total $6 million for a new program to improve mapping of urban 
flood risks.
    Flood Mitigation Funding. Several provisions in H.R. 3167 
would authorize appropriations for efforts to mitigate flood 
damage. Section 306 would authorize the appropriation of $200 
million a year over the 2020-2024 period for FEMA's Flood 
Mitigation Assistance grant program. In fiscal year 2018, that 
program received appropriations of $175 million to make grants 
to state and tribal governments and to NFIP communities for 
mitigation projects and planning.
    Section 105 would authorize the appropriation of $50 
million a year over the 2020-2024 period for FEMA to make 
grants to capitalize new revolving funds administered by 
states. From those revolving funds, states would make loans and 
grants to local governments, homeowners, and other property 
owners for flood mitigation projects, such as elevating or 
relocating buildings.
    Section 308 would authorize the appropriation of $20 
million a year over the 2020-2024 period for FEMA to carry out 
a floodplain management grant program. In addition, section 307 
would authorize the appropriation of $7 million a year over the 
2021-2024 period for the agency to make grants to facilitate 
participation in the program's Community Rating System--a 
voluntary program that offers communities incentives to exceed 
the minimum requirements for floodplain management.
    Based on historical patterns of outlays for those or 
similar grant programs, CBO estimates that implementing those 
provisions would increase spending by about $1.0 billion over 
the 2020-2024 period and by about $300 million after 2024.
    Administrative Changes and Other Costs. In addition to 
amounts specifically authorized in H.R. 3167 for updates to the 
mapping program and for mitigation grants, CBO estimates that 
FEMA would require $70 million over the 2020-2024 period to 
implement several other provisions in the bill.
    Most of the estimated amounts would cover the costs of 
hiring additional employees (assuming an average cost of 
$150,000 per employee), making necessary investments in 
information management systems, and providing for contract 
support. Specifically, over the 2020-2024 period, CBO estimates 
the following costs:
           $30 million to implement the pilot program 
        for low-income households authorized by section 102 and 
        the new grant programs under sections 203 and 307;
           $18 million under section 404 to create and 
        administer an electronic system for sharing property-
        specific information with private flood insurance 
        companies and with policyholders;
           $11 million under sections 205 and 206 to 
        respond to appeals of rate map changes and under 
        section 208 to oversee a new process to allow partial 
        adoption of flood maps;
           $6 million to pay independent actuaries for 
        annual studies of program finances and for the 
        Government Accountability Office to study ways to 
        increase participation in the NFIP;
           $3 million to develop guidance and processes 
        for administering umbrella insurance policies; and
           $2 million for a pilot program that offers 
        communitywide flood insurance.
    Uncertainty: CBO's cost estimate for H.R. 3167 reflects 
uncertainty in several areas:
           Estimating the number of policyholders and 
        properties that would be affected by changes in the 
        bill, including what flood zones and policy types apply 
        to each;
           Estimating policyholders' responses to 
        incentives to purchase insurance if it becomes 
        available or drop insurance if it is no longer 
        required; and
           Estimating the effect of changes in the bill 
        on the amount of premiums paid and on the amount of 
        risk that drives the cost of providing coverage.
    For this estimate, there is substantial additional 
uncertainty concerning the effects of sections 205, 206, and 
208, which would amend administrative processes to allow 
policyholders and NFIP communities to appeal changes to flood 
maps. In particular, section 208 would allow interested parties 
to delay finalizing map panels in areas where a special flood 
hazard area expands and to speed up finalizing maps in areas 
where an SFHA decreases.
    The effect of those provisions would vary widely across the 
country and would depend on the administrative decisions of 
thousands of individual policyholders and their participating 
communities. CBO's estimates of costs are therefore uncertain 
and could be significantly different, depending on the extent 
to which individual policyholders and communities appeal 
decisions, how many policyholders receive premium reductions, 
and on how long those gaps between premiums and risk are 
sustained.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays and revenues that are 
subject to those pay-as-you-go procedures are shown in Table 4.

                                      TABLE 4.--CBO'S ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS OF H.R. 3167
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2020    2021    2022    2023    2024    2025    2026    2027    2028    2029   2020-2024  2020-2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Net Increase in the Deficit
 
Pay-As-You-Go Effect..............................      15      32      72      85     103      77      78      81      81      81       307        705
Memorandum:
    Changes in Outlays............................      15      32      71      83     101      74      74      76      76      76       302        678
    Changes in Revenues...........................       0       0      -1      -2      -2      -3      -4      -5      -5      -5        -5        -27
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term deficits: CBO estimates that enacting 
H.R. 3167 would not increase on-budget deficits by more than $5 
billion in any of the four consecutive 10-year periods 
beginning in 2030.
    Mandates: None.
    Estimate prepared by: Federal Costs: Jon Sperl; Federal 
Revenues: Staff of the Joint Committee on Taxation; Mandates: 
Rachel Austin.
    Estimate reviewed by: Kim Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

                        Committee Cost Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison of the 
costs that would be incurred in carrying out H.R. 3167. 
However, clause 3(d)(2)(B) of that rule provides that this 
requirement does not apply when the committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 402 of the Congressional Budget Act.

                       Unfunded Mandate Statement

    Pursuant to Section 423 of the Congressional Budget and 
Impoundment Control Act (as amended by Section 101(a)(2) of the 
Unfunded Mandates Reform Act, Pub. L. 104-4), the Committee 
adopts as its own the estimate of federal mandates regarding 
H.R. 3167 as amended, prepared by the Director of the 
Congressional Budget Office.

                           Advisory Committee

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation. Section 211 does make certain modifications to an 
existing advisory Committee.


              Application of Law to the Legislative Branch

    Pursuant to section 102(b)(3) of the Congressional 
Accountability Act, Pub. L. No. 104-1, H.R. 3167, as amended, 
does not apply to terms and conditions of employment or to 
access to public services or accommodations within the 
legislative branch.

                           Earmark Statement

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 3167 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as described in clauses 9(e), 9(f), and 9(g) of rule 
XXI.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee states that no 
provision of H.R. 3167 establishes or reauthorizes a program of 
the Federal Government known to be duplicative of another 
federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                        Changes to Existing Law

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, H.R. 3167 as reported, are shown as follows:

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                  NATIONAL FLOOD INSURANCE ACT OF 1968




           *       *       *       *       *       *       *
TITLE XIII--NATIONAL FLOOD INSURANCE

           *       *       *       *       *       *       *



            CHAPTER I--THE NATIONAL FLOOD INSURANCE PROGRAM


                            basic authority

  Sec. 1304. (a) To carry out the purposes of this title, the 
Administrator of the Federal Emergency Management Agency is 
authorized to establish and carry out a national flood 
insurance program which will enable interested persons to 
purchase insurance against loss resulting from physical damage 
to or loss of real property or personal property related 
thereto arising from any flood occurring in the United States.
  (b) Additional Coverage for Compliance With Land Use and 
Control Measures.--
          (1) In general.--The national flood insurance program 
        established pursuant to subsection (a) shall enable the 
        purchase of insurance to cover the cost of implementing 
        measures that are consistent with land use and control 
        measures established by the community under section 
        1361 for--
                  [(1)] (A) properties that are [repetitive 
                loss structures] repetitive-loss properties;
                  [(2)] (B) properties that are substantially 
                damaged structures;
                  [(3)] (C) properties that have sustained 
                flood damage on multiple occasions, if the 
                Administrator determines that it is cost-
                effective and in the best interests of the 
                National Flood Insurance Fund to require 
                compliance with the land use and control 
                measures[.];
                  (D) properties identified by the 
                Administrator as priorities for mitigation 
                activities before the occurrence of damage to 
                or loss of property which is covered by flood 
                insurance; and
                  [(4)] (E) properties for which an offer of 
                mitigation assistance is made under--
                          [(A)] (i) section 1366 (Flood 
                        Mitigation Assistance Program);
                          [(B)] (ii) the Hazard Mitigation 
                        Grant Program authorized under section 
                        404 of the Robert T. Stafford Disaster 
                        Assistance and Emergency Relief Act (42 
                        U.S.C. 5170c);
                          [(C)] (iii) the Predisaster Hazard 
                        Mitigation Program under section 203 of 
                        the Robert T. Stafford Disaster 
                        Assistance and Emergency Relief Act (42 
                        U.S.C. 5133); and
                          [(D)] (iv) any programs authorized or 
                        for which funds are appropriated to 
                        address any unmet needs or for which 
                        supplemental funds are made available.
 [The Administrator]
          (2) Premium._The Administrator  shall impose a 
        surcharge on each insured of not more than $75 per 
        policy to provide cost of compliance coverage in 
        accordance with the provisions of this subsection.
          (3) Amount of coverage.--Each policy for flood 
        insurance coverage made available under this title 
        shall provide coverage under this subsection having an 
        aggregate liability for any single property of $60,000.
          (4) Eligible mitigation activities.--
                  (A) In general.--Eligible mitigation methods 
                the cost of which is covered by coverage 
                provided under this subsection shall include--
                          (i) alternative methods of mitigation 
                        identified in the guidelines issued 
                        pursuant to section 1361(d);
                          (ii) pre-disaster mitigation projects 
                        for eligible structures (as such term 
                        is defined in subparagraph (C)); and
                          (iii) costs associated with the 
                        purchase, clearing, and stabilization 
                        of property that is part of an 
                        acquisition or relocation program that 
                        complies with subparagraph (B).
                  (B) Acquisition and relocation project 
                eligibility and requirements.--
                          (i) In general.--An acquisition or 
                        relocation project shall be eligible to 
                        receive assistance pursuant to 
                        subparagraph (A)(iii) only if--
                                  (I) any property acquired, 
                                accepted, or from which a 
                                structure will be removed shall 
                                be dedicated and maintained in 
                                perpetuity for a use that is 
                                compatible with open space, 
                                recreational, or wetlands 
                                management practices; and
                                  (II) any new structure 
                                erected on such property will 
                                be--
                                          (aa) a public 
                                        facility that is open 
                                        on all sides and 
                                        functionally related to 
                                        a designated open 
                                        space;
                                          (bb) a restroom; or
                                          (cc) a structure that 
                                        the Administrator 
                                        approves in writing 
                                        before the commencement 
                                        of the construction of 
                                        the structure.
                          (ii) Further assistance.--If an 
                        acquisition or relocation project is 
                        assisted pursuant to subparagraph 
                        (A)(iii)--
                                  (I) no person may apply to a 
                                Federal entity for disaster 
                                assistance with regard to any 
                                property acquired, accepted, or 
                                from which a structure was 
                                removed as part of such 
                                acquisition or relocation 
                                project; and
                                  (II) no Federal entity may 
                                provide disaster assistance for 
                                such property.
                          (iii) Requirement to maintain flood 
                        insurance coverage.--
                                  (I) In general.--
                                Notwithstanding any other 
                                provision of law, any assisted 
                                structure (as such term is 
                                defined in subclause (III)) 
                                shall, at all times, maintain 
                                insurance against flood damage, 
                                in accordance with Federal law, 
                                for the life of such structure.
                                  (II) Transfer of property.--
                                          (aa) Duty to 
                                        notify.--If any part of 
                                        a property on which an 
                                        assisted structure is 
                                        located is transferred, 
                                        the transferor shall, 
                                        not later than the date 
                                        on which such transfer 
                                        occurs, notify the 
                                        transferee in writing, 
                                        including in all 
                                        documents evidencing 
                                        the transfer of 
                                        ownership of the 
                                        property of the 
                                        requirements, that such 
                                        transferee is required 
                                        to--
                                                  (AA) obtain 
                                                flood insurance 
                                                in accordance 
                                                with applicable 
                                                Federal law 
                                                with respect to 
                                                such assisted 
                                                structure, if 
                                                such structure 
                                                is not so 
                                                insured on the 
                                                date on which 
                                                the structure 
                                                is transferred; 
                                                and
                                                  (BB) maintain 
                                                flood insurance 
                                                in accordance 
                                                with applicable 
                                                Federal law 
                                                with respect to 
                                                such structure.
                                          (bb) Failure to 
                                        notify.--If a 
                                        transferor fails to 
                                        make a notification in 
                                        accordance with item 
                                        (aa) and such assisted 
                                        structure is damaged by 
                                        a flood disaster, the 
                                        transferor shall pay 
                                        the Federal Government 
                                        an amount equal to the 
                                        amount of any disaster 
                                        relief provided by the 
                                        Federal government with 
                                        respect to such 
                                        assisted structure.
                                  (III) Assisted structure 
                                defined.--For the purposes of 
                                this clause, the term 
                                ``assisted structure'' means a 
                                structure on property that is 
                                part of an acquisition or 
                                relocation project assisted 
                                pursuant to subparagraph (A) 
                                that was, as part of such 
                                acquisition or relocation 
                                project--
                                          (aa) altered;
                                          (bb) improved;
                                          (cc) replaced;
                                          (dd) repaired; or
                                          (ee) restored.
                  (C) Eligible structure defined.--For purposes 
                of this paragraph, the term ``eligible 
                structure'' means any structure that--
                          (i) was constructed in compliance 
                        with the Flood Insurance Rate Map and 
                        local building and zoning codes in 
                        effect at the date of construction of 
                        the structure; and
                          (ii) has not previously been altered, 
                        improved, replaced, or repaired using 
                        assistance provided under this 
                        subsection.
          (5) Treatment of coverage limits.--Any amount of 
        coverage for a property provided pursuant to this 
        subsection shall not be considered or counted for 
        purposes of any limitation on coverage applicable to 
        such property under section 1306(b) (42 U.S.C. 4013(b)) 
        and any claim on such coverage shall not be considered 
        a claim for purposes of section 1307(h) or subsection 
        (a)(3) or (h)(3) of section 1366.
          (6) Implementation.--Notwithstanding any other 
        provision of law, the Administrator may implement this 
        subsection by adopting one or more standard 
        endorsements to the Standard Flood Insurance Policy by 
        publication of such standards in the Federal Register, 
        or by comparable means.
  (c) In carrying out the flood insurance program the 
Administrator shall, to the maxmium extent practicable, 
encourage and arrange for--
          (1) appropriate financial participation and risk 
        sharing in the program by insurance companies and other 
        insurers, and
          (2) other appropriate participation on other than a 
        risk-sharing basis, by insurance companies and other 
        insurers, insurance agents and brokers, and insurance 
        adjustment organizations, in accordance with the 
        provisions of chapter II.

           *       *       *       *       *       *       *


              nature and limitation of insurance coverage

  Sec. 1306. (a) The Administrator shall from time to time, 
after consultation with the advisory committee authorized under 
section 1318, appropriate representatives of the pool formed or 
otherwise created under section 1331, and appropriate 
representatives of the insurance authorities of the respective 
States, provide by regulation for general terms and conditions 
of insurability which shall be applicable to properties 
eligible for flood insurance coverage under section 1305, 
including--
          (1) the types, classes, and locations of any such 
        properties which shall be eligible for flood insurance;
          (2) the nature and limits of loss or damage in any 
        areas (or subdivisions thereof) which may be covered by 
        such insurance;
          (3) the classification, limitation, and rejection of 
        any risks which may be advisable;
          (4) appropriate minimum premiums;
          (5) appropriate loss-deductibles; and
          (6) any other terms and conditions relating to 
        insurance coverage or exclusion which may be necessary 
        to carry out the purposes of this title.
  (b) In addition to any other terms and conditions under 
subsection (a), such regulations shall provide that--
          (1) any flood insurance coverage based on chargeable 
        premium rates under section 1308 which are less than 
        the estimated premium rates under section 1307(a)(1) 
        shall not exceed--
                  (A) in the case of residential properties--
                          (i) $35,000 aggregate liability for 
                        any single-family dwelling, and 
                        $100,000 for any residential structure 
                        containing more than one dwelling unit,
                          (ii) $10,000 aggregate liability per 
                        dwelling unit for any contents related 
                        to such unit, and
                          (iii) in the States of Alaska and 
                        Hawaii, and in the Virgin Islands and 
                        Guam, the limits provided in clause (i) 
                        of this sentence shall be: $50,000 
                        aggregate liability for any single-
                        family dwelling, and $150,000 for any 
                        residential structure containing more 
                        than one dwelling unit;
                  (B) in the case of business properties which 
                are owned or leased and operated by small 
                business concerns, an aggregate liability with 
                respect to any single structure, including any 
                contents thereof related to premises of small 
                business occupants (as term is defined by the 
                Administrator), which shall be equal to (i) 
                $100,000 plus (ii) $100,000 multiplied by the 
                number of such occupants and shall be allocated 
                among such occupants (or among the occupant or 
                occupants and the owner) under regulations 
                prescribed by the Administrator; except that 
                the aggregate liability for the structure 
                itself may in no case exceed $100,000; and
                  (C) in the case of church properties which 
                may become eligible for flood insurance under 
                section 1305--
                          (i) $100,000 aggregate liability for 
                        any single structure, and
                          (ii) $100,000 aggregate liability per 
                        unit for any contents related to such 
                        unit; and
          (2) in the case of any residential building designed 
        for the occupancy of from 1 to 4 families for which the 
        risk premium rate is determined in accordance with the 
        provisions of section 1307(a)(1), additional flood 
        insurance in excess of the limits specified in clause 
        (i) of subparagraph (A) of paragraph (1) 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;
          (3) in the case of any residential property for which 
        the risk premium rate is determined in accordance with 
        the provisions of section 1307(a)(1), additional flood 
        insurance in excess of the limits specified in clause 
        (ii) of subparagraph (A) of paragraph (1) shall be made 
        available to every insured upon renewal and every 
        applicant for insurance so as to enable any such 
        insured or applicant to receive coverage up to a total 
        amount (including such limits specified in paragraph 
        (1)(A)(ii)) of $100,000;
          (4) in the case of any nonresidential building, 
        including a church, for which the risk premium rate is 
        determined in accordance with the provisions of section 
        1307(a)(1), additional flood insurance in excess of the 
        limits specified in subparagraphs (B) and (C) of 
        paragraph (1) 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; [and]
          (5) any flood insurance coverage which may be made 
        available in excess of the limits specified in 
        subparagraph (A), (B), or (C) of paragraph (1), shall 
        be based only on chargeable premium rates under section 
        1308 which are not less than the estimated premium 
        rates under section 1307(a)(1), and the amount of such 
        excess coverage shall not in any case exceed an amount 
        equal to the applicable limit so specified (or 
        allocated) under paragraph (1)(C), (2), (3), or (4), as 
        applicable[.]; and
          (6) the Administrator may provide that, in the case 
        of any commercial property or other residential 
        property, including multifamily rental property and 
        agricultural property, one umbrella policy be made 
        available to every insured upon renewal and every 
        applicant with multiple structures on the same 
        property, except that--
                  (A) purchase of such coverage shall be at the 
                option of the insured; and
                  (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).
  (c) Effective Date of Policies.--
          (1) Waiting period.--Except as provided in paragraph 
        (2), coverage under a new contract for flood insurance 
        coverage under this title entered into after the date 
        of enactment of the Riegle Community Development and 
        Regulatory Improvement Act of 1994, and any 
        modification to coverage under an existing flood 
        insurance contract made after such date, shall become 
        effective upon the expiration of the 30-day period 
        beginning on the date that all obligations for such 
        coverage (including completion of the application and 
        payment of any initial premiums owed) are 
        satisfactorily completed.
          (2) Exception.--The provisions of paragraph (1) shall 
        not apply to--
                  (A) the initial purchase of flood insurance 
                coverage under this title when the purchase of 
                insurance is in connection with the making, 
                increasing, extension, or renewal of a loan;
                  (B) the initial purchase of flood insurance 
                coverage pursuant to a revision or updating of 
                floodplain areas or flood-risk zones under 
                section 1360(f), if such purchase occurs during 
                the 1-year period beginning upon publication of 
                notice of the revision or updating under 
                section 1360(h); or
                  (C) the initial purchase of flood insurance 
                coverage for private property if--
                          (i) the Administrator determines that 
                        the property is affected by flooding on 
                        Federal land that is a result of, or is 
                        exacerbated by, post-wildfire 
                        conditions, after consultation with an 
                        authorized employee of the Federal 
                        agency that has jurisdiction of the 
                        land on which the wildfire that caused 
                        the post-wildfire conditions occurred; 
                        and
                          (ii) the flood insurance coverage was 
                        purchased not later than 60 days after 
                        the fire containment date, as 
                        determined by the appropriate Federal 
                        employee, relating to the wildfire that 
                        caused the post-wildfire conditions 
                        described in clause (i).
  (d) Optional High-Deductible Policies for Residential 
Properties.--
          (1) Availability.--In the case of residential 
        properties, the Administrator shall make flood 
        insurance coverage available, at the option of the 
        insured, that provides for a loss-deductible for damage 
        to the covered property in various amounts, up to and 
        including $10,000.
          (2) Disclosure.--
                  (A) Form.--The Administrator shall provide 
                the information described in subparagraph (B) 
                clearly and conspicuously on the application 
                form for flood insurance coverage or on a 
                separate form, segregated from all unrelated 
                information and other required disclosures.
                  (B) Information.--The information described 
                in this subparagraph is--
                          (i) information sufficient to inform 
                        the applicant of the availability of 
                        the coverage option required by 
                        paragraph (1) to applicants for flood 
                        insurance coverage; and
                          (ii) a statement explaining the 
                        effect of a loss-deductible and that, 
                        in the event of an insured loss, the 
                        insured is responsible out-of-pocket 
                        for losses to the extent of the 
                        deductible selected.
  (e) Refund of Unearned Premiums for Policies Canceled Because 
of Replacement With Private Flood Insurance.--
          (1) Required refund.--Subject to subsection (c), if 
        at any time an insured under a policy for flood 
        insurance coverage for a property that is made 
        available under this title cancels such policy because 
        other duplicate flood insurance coverage for the same 
        property has been obtained from a source other than the 
        National Flood Insurance Program under this title, the 
        Administrator shall refund to the former insured a 
        portion of the premiums paid for the coverage made 
        available under this title, as determined consistent 
        with industry practice according to the portion of the 
        term of the policy that such coverage was in effect, 
        but only if a copy of declarations page of the new 
        policy obtained from a source other than the program 
        under this title is provided to the Administrator.
          (2) Effective date of cancellation.--For purposes of 
        this subsection, a cancellation of a policy for 
        coverage made available under the National Flood 
        Insurance Program under this title, for the reason 
        specified in paragraph (1), shall be effective--
                  (A) on the effective date of the new policy 
                obtained from a source other than the program 
                under this title, if the request for such 
                cancellation was received by the Administrator 
                before the expiration of the 6-month period 
                beginning on the effective date of the new 
                policy; or
                  (B) on the date of the receipt by the 
                Administrator of the request for cancellation, 
                if the request for such cancellation was 
                received by the Administrator after the 
                expiration of the 6-month period beginning on 
                the effective date of the new policy.
          (3) Prohibition of refunds for properties receiving 
        increased cost of compliance claims.--No premium 
        amounts paid for coverage made available under this 
        title may be refunded pursuant to this subsection--
                  (A) with respect to coverage for any property 
                for which measures have been implemented using 
                amounts received pursuant to a claim under 
                increased cost of compliance coverage made 
                available pursuant to section 1304(b); or
                  (B) if a claim has been paid or is pending 
                under the policy term for which the refund is 
                sought.
  (f) Cooperative Buildings.--Notwithstanding any other 
provision of law, the Administrator shall make flood insurance 
coverage available to any individual with a membership interest 
and occupancy agreement in a cooperative housing project on the 
same terms as any owner of a condominium.

                       estimates of premium rates

  Sec. 1307. (a) The Administrator is authorized to undertake 
and carry out such studies and investigations and receive or 
exchange such information as may be necessary to estimate, and 
shall from time to time estimate, on an area, subdivision, or 
other appropriate basis--
          (1) the risk premium rates for flood insurance 
        which--
                  (A) based on consideration of--
                          (i) the risk involved and accepted 
                        actuarial principles; and
                          (ii) the flood mitigation activities 
                        that an owner or lessee has undertaken 
                        on a property, including differences in 
                        the risk involved due to land use 
                        measures, floodproofing, flood 
                        forecasting, and similar measures, and
                  (B) including--
                          (i) the applicable operating costs 
                        and allowances set forth in the 
                        schedules prescribed under section 1311 
                        and reflected in such rates,
                          (ii) the costs associated with the 
                        monthly collection of premiums provided 
                        for in section 1308(g) (42 U.S.C. 
                        4015(g)), but only if such costs exceed 
                        the operating costs and allowances set 
                        forth in clause (i) of this 
                        subparagraph, and any administrative 
                        expenses (or portion of such expenses) 
                        of carrying out the flood insurance 
                        program which, in his discretion, 
                        should properly be reflected in such 
                        rates,
                          (iii) any remaining administrative 
                        expenses incurred in carrying out the 
                        flood insurance and floodplain 
                        management programs (including the 
                        costs of mapping activities under 
                        section 1360) not included under clause 
                        (ii), which shall be recovered by a fee 
                        charged to policyholders and such fee 
                        shall not be subject to any agents' 
                        commissions, company expense 
                        allowances, or State or local premium 
                        taxes, and
                          (iv) all costs, as prescribed by 
                        principles and standards of practice in 
                        ratemaking adopted by the American 
                        Academy of Actuaries and the Casualty 
                        Actuarial Society, including--
                                  (I) an estimate of the 
                                expected value of future costs,
                                  (II) all costs associated 
                                with the transfer of risk, and
                                  (III) the costs associated 
                                with an individual risk 
                                transfer with respect to risk 
                                classes, as defined by the 
                                Administrator,
        would be required in order to make such insurance 
        available on an actuarial basis for any types and 
        classes of properties for which insurance coverage is 
        available under section 1305(a) (or is recommended to 
        the Congress under section 1305(b));
          (2) the rates, if less than the rates estimated under 
        paragraph (1), which would be reasonable, would 
        encourage prospective insureds to purchase flood 
        insurance, and would be consistent with the purposes of 
        this title, and which, together with a fee charged to 
        policyholders that shall not be not subject to any 
        agents' commission, company expenses allowances, or 
        State or local premium taxes, shall include any 
        administrative expenses incurred in carrying out the 
        flood insurance and floodplain management programs 
        (including the costs of mapping activities under 
        section 1360), except that the Administrator shall not 
        estimate rates under this paragraph for--
                  (A) any residential property which is not the 
                primary residence of an individual;
                  (B) any severe [repetitive loss property] 
                repetitive-loss property;
                  (C) any property that has incurred flood-
                related damage in which the cumulative amounts 
                of payments under this title equaled or 
                exceeded the fair market value of such 
                property;
                  (D) any business property; or
                  (E) any property which on or after the date 
                of enactment of the Biggert-Waters Flood 
                Insurance Reform Act of 2012 has experienced or 
                sustained--
                          (i) substantial damage exceeding 50 
                        percent of the fair market value of 
                        such property; or
                          (ii) substantial improvement 
                        exceeding 50 percent of the fair market 
                        value of such property; and
          (3) the extent, if any, to which federally assisted 
        or other flood protection measures initiated after the 
        date of the enactment of this title affect such rates.
  (b) In carrying out subsection (a), the Administrator shall, 
to the maximum extent feasible and on a reimbursable basis, 
utilize the services of the Department of the Army, the 
Department of the Interior, The Department of Agriculture, the 
Department of Commerce, and the Tennessee Valley Authority, 
and, as appropriate, other Federal departments or agencies, and 
for such purposes may enter into agreements or other 
appropriate arrangements with any persons.
  (c) The Administrator shall give priority to conducting 
studies and investigations and making estimates under this 
section in those States or areas (or subdivisions thereof) 
which he has determined have evidenced a positive interest in 
securing flood insurance coverage under the flood insurance 
program.
  (d) Notwithstanding any other provision of law, any structure 
existing on the date of enactment of the Flood Disaster 
Protection Act of 1973 and located within Avoyelles, 
Evangeline, Rapides, or Saint Landry Parish in the State of 
Louisiana, which the Administrator determines is subject to 
additional flood hazards as a result of the construction or 
operation of the Atchafalaya Basin Levee System, shall be 
eligible for flood insurance under this title (if and to the 
extent it is eligible for such insurance under the other 
provisions of this title) at premium rates that shall not 
exceed those which would be applicable if such additional 
hazards did not exist.
  (e) Notwithstanding any other provision of law, any community 
that has made adequate progress, acceptable to the 
Administrator, on the construction or reconstruction of a flood 
protection system which will afford flood protection for the 
one-hundred-year frequency flood as determined by the 
Administrator, shall be eligible for flood insurance under this 
title (if and to the extent it is eligible for such insurance 
under the other provisions of this title) at premium rates not 
exceeding those which would be applicable under this section if 
such flood protection system had been completed. 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.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.
  (f) 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. Except as provided in this subsection, in 
such a community, flood insurance shall be made available to 
those properties impacted by the disaccreditation of the flood 
protection system at premium rates that do not exceed those 
which would be applicable to any property located in an area of 
special flood hazard, the construction of which was started 
prior to the effective date of the initial Flood Insurance Rate 
Map published by the Administrator for the community in which 
such property is located. A revised Flood Insurance Rate Map 
shall be prepared for the community to delineate as Zone AR the 
areas of special flood hazard that result from the 
disaccreditation of the flood protection system. A community 
will be considered to be in the process of restoration if--
          (1) the flood protection system has been deemed 
        restorable by a Federal agency in consultation with the 
        local project sponsor;
          (2) a minimum level of flood protection is still 
        provided to the community by the disaccredited system; 
        and
          (3) restoration of the flood protection system is 
        scheduled to occur within a designated time period and 
        in accordance with a progress plan negotiated between 
        the community and the Federal Emergency Management 
        Agency.
Communities that the Administrator of the Federal Emergency 
Management Agency determines to meet the criteria set forth in 
paragraphs (1) and (2) as of January 1, 1992, shall not be 
subject to revised Flood Insurance Rate Maps that contravene 
the intent of this subsection. Such communities shall remain 
eligible for C zone rates for properties located in zone AR for 
any policy written prior to promulgation of final regulations 
for this section. Floodplain management criteria for such 
communities shall not require the elevation of improvements to 
existing structures and shall not exceed 3 feet above existing 
grade for new construction, provided the base flood elevation 
based on the disaccredited flood control system does not exceed 
five feet above existing grade, or the remaining new 
construction in such communities is limited to infill sites, 
rehabilitation of existing structures, or redevelopment of 
previously developed areas.
The Administrator of the Federal Emergency Management Agency 
shall develop and promulgate regulations to implement this 
subsection, including minimum floodplain management criteria, 
within 24 months after the date of enactment of this 
subsection.
  (g) No Extension of Subsidy to New Policies or Lapsed 
Policies.--The Administrator shall not provide flood insurance 
to prospective insureds at rates less than those estimated 
under subsection (a)(1), as required by paragraph (2) of that 
subsection, for--
          (1) any policy under the flood insurance program that 
        has lapsed in coverage,, unless 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; or
          (2) any prospective insured who refuses to accept any 
        offer for mitigation assistance by the Administrator 
        (including an offer to relocate), including an offer of 
        mitigation assistance--
                  (A) following a major disaster, as defined in 
                section 102 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 
                5122); or
                  (B) in connection with--
                          [(i) a repetitive loss property; or
                          [(ii) a severe repetitive loss 
                        property.]
                          (i) an extreme repetitive-loss 
                        property; or
                          (ii) a severe repetitive-loss 
                        property.
  [(h) Definition.--In this section, the term ``severe 
repetitive loss property'' has the following meaning:
          [(1) Single-family properties.--In the case of a 
        property consisting of 1 to 4 residences, such term 
        means a property 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 
                        chapter, with the amount of each such 
                        claim exceeding $5,000, and with the 
                        cumulative amount of such claims 
                        payments exceeding $20,000; 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 property.
          [(2) Multifamily properties.--In the case of a 
        property consisting of 5 or more residences, such term 
        shall have such meaning as the Director shall by 
        regulation provide.]
  (h) Use of Replacement Cost Value.--In determining 
affordability for insurance provided under this title, the 
Administrator may consider, where appropriate, the impact of 
the inclusion of the replacement cost or other settlement basis 
of the structure.

               establishment of chargeable premium rates

  Sec. 1308. (a) On the basis of estimates made under section 
1307 and such other information as may be necessary, the 
Administrator shall from time to time prescribe, after 
providing notice--
          (1) chargeable premium rates for any types and 
        classes of properties for which insurance coverage 
        shall be available under section 1305 (at less than the 
        estimated risk premium rates under section 1307(a)(1), 
        where necessary), and
          (2) the terms and conditions under which, and the 
        areas (including subdivisions thereof) within which 
        such rates shall apply.
  (b) Such rates shall, insofar as practicable, be--
          (1) based on a consideration of the respective risks 
        involved, including differences in risks due to land 
        use measures, flood-proofing, flood forecasting, and 
        similar measures;
          (2) adequate, on the basis of accepted actuarial 
        principles, to provide reserves for anticipated losses, 
        or if less than such amount consistent with the 
        objective of making flood insurance available where 
        necessary at reasonable rates so as to encourage 
        prospective insureds to purchase such insurance and 
        with the purposes of this title;
          (3) adequate, together with the fee under paragraph 
        (1)(B)(iii) or (2) of section 1307(a), to provide for 
        any administrative expenses of the flood insurance and 
        floodplain management programs (including the costs of 
        mapping activities under section 1360);
          (4) stated so as to reflect the basis for such rates, 
        including the differences (if any) between the 
        estimated risk premium rates under section 1307(a)(1) 
        and the estimated rates under section 1307(a)(2); and
          (5) adequate, on the basis of accepted actuarial 
        principles, to cover the average historical loss year 
        obligations incurred by the National Flood Insurance 
        Fund.
  (c) Actuarial Rate Properties.--Subject only to the 
limitations provided under paragraphs (1) and (2), the 
chargeable rate shall not be less than the applicable estimated 
risk premium rate for such area (or subdivision thereof) under 
section 1307(a)(1) with respect to the following properties:
          (1) Post-firm properties.--Any property the 
        construction or substantial improvement of which the 
        Administrator determines has been started after 
        December 31, 1974, or started after the effective date 
        of the initial rate map published by the Administrator 
        under paragraph (2) of section 1360 for the area in 
        which such property is located, whichever is later, 
        except that the chargeable rate for properties under 
        this paragraph shall be subject to the limitation under 
        subsection (e).
          (2) Certain leased coastal and river properties.--Any 
        property leased from the Federal Government (including 
        residential and nonresidential properties) that the 
        Administrator determines is located on the river-facing 
        side of any dike, levee, or other riverine flood 
        control structure, or seaward of any seawall or other 
        coastal flood control structure.
  (d) With respect to any chargeable premium rate prescribed 
under this section, a sum equal to the portion of the rate that 
covers any administrative expenses of carrying out the flood 
insurance and floodplain management programs which have been 
estimated under paragraphs (1)(B)(ii) and (1)(B)(iii) of 
section 1307(a) or paragraph (2) of such section (including the 
fees under such paragraphs), shall be paid to the 
Administrator. The Administrator shall deposit the sum in the 
National Flood Insurance Fund established under section 1310.
  (e) Annual Limitation on Premium Increases.--Except with 
respect to properties described under paragraph (2) of 
subsection (c), and notwithstanding any other provision of this 
title--
          (1) the chargeable risk premium rate for flood 
        insurance under this title for any property may not be 
        increased by more than 18 percent each year, except--
                  (A) as provided in paragraph (4);
                  (B) in the case of property identified under 
                section 1307(g); or
                  (C) in the case of a property that--
                          (i) is located in a community that 
                        has experienced a rating downgrade 
                        under the community rating system 
                        program carried out under section 
                        1315(b);
                          (ii) is covered by a policy with 
                        respect to which the policyholder has--
                                  (I) decreased the amount of 
                                the deductible; or
                                  (II) increased the amount of 
                                coverage; or
                          (iii) was misrated;
          (2) the chargeable risk premium rates for flood 
        insurance under this title for any properties initially 
        rated under section 1307(a)(2) within any single risk 
        classification, excluding properties for which the 
        chargeable risk premium rate is not less than the 
        applicable estimated risk premium rate under section 
        1307(a)(1), shall be increased by an amount that 
        results in an average of such rate increases for 
        properties within the risk classification during any 
        12-month period of not less than 5 percent of the 
        average of the risk premium rates for such properties 
        within the risk classification upon the commencement of 
        such 12-month period;
          (3) the chargeable risk premium rates for flood 
        insurance under this title for any properties within 
        any single risk classification may not be increased by 
        an amount that would result in the average of such rate 
        increases for properties within the risk classification 
        during any 12-month period exceeding 15 percent of the 
        average of the risk premium rates for properties within 
        the risk classification upon the commencement of such 
        12-month period; and
          (4) the chargeable risk premium rates for flood 
        insurance under this title for any properties described 
        in subparagraphs (A) through (E) of section 1307(a)(2) 
        shall be increased by 25 percent each year, until the 
        average risk premium rate for such properties is equal 
        to the average of the risk premium rates for properties 
        described under paragraph (3).
  (f) Adjustment of Premium.--Notwithstanding any other 
provision of law, if the Administrator determines that the 
holder of a flood insurance policy issued under this Act is 
paying a lower premium than is required under this section due 
to an error in the flood plain determination, the Administrator 
may only prospectively charge the higher premium rate.
  (g) Frequency of Premium Collection.--
          (1) Options.--With respect to any chargeable premium 
        rate prescribed under this section, the Administrator 
        shall provide policyholders that are not required to 
        escrow their premiums and fees for flood insurance as 
        set forth under section 102 of the Flood Disaster 
        Protection Act of 1973 (42 U.S.C. 4012a) with the 
        option of paying their premiums annually or monthly.
          (2) Monthly installment payment of premiums.--
                  (A) Exemption from rulemaking.--Until such 
                time as the Administrator promulgates 
                regulations implementing paragraph (1) of this 
                subsection, the Administrator may adopt 
                policies and procedures, notwithstanding any 
                other provisions of law and in alignment and 
                consistent with existing industry escrow and 
                servicing standards, necessary to implement 
                such paragraph without undergoing notice and 
                comment rulemaking and without conducting 
                regulatory analyses otherwise required by 
                statute, regulation, or Executive order.
                  (B) Pilot program.--The Administrator may 
                initially implement paragraph (1) of this 
                subsection as a pilot program that provides for 
                a gradual phase-in of implementation.
                  (C) Policyholder protection.--The 
                Administrator may--
                          (i) during the 12-month period 
                        beginning on the date of the enactment 
                        of this subparagraph, charge 
                        policyholders choosing to pay premiums 
                        in monthly installments a fee for the 
                        total cost of the monthly collection of 
                        premiums not to exceed $25 annually; 
                        and
                          (ii) after the expiration of the 12-
                        month period referred to in clause (i), 
                        adjust the fee charged annually to 
                        cover the total cost of the monthly 
                        collection of premiums as determined by 
                        the report submitted pursuant to 
                        subparagraph (D).
                  (D) Annual reports.--On an annual basis, the 
                Administrator shall report to the Committee on 
                Financial Services of the House of 
                Representatives and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate the 
                ongoing costs associated with the monthly 
                payment of premiums.
  (h) Rule of Construction.--For purposes of this section, the 
calculation of an ``average historical loss year''--
          (1) includes catastrophic loss years; and
          (2) shall be computed in accordance with generally 
        accepted actuarial principles.
  (i) Rates for Properties Newly Mapped into Areas with Special 
Flood Hazards.--Notwithstanding subsection (f), the premium 
rate for flood insurance under this title that is purchased on 
or after the date of the enactment of this subsection--
          (1) on a property located in an area not previously 
        designated as having special flood hazards and that, 
        pursuant to any issuance, revision, updating, or other 
        change in a flood insurance map, becomes designated as 
        such an area; and
          (2) where such flood insurance premium rate is 
        calculated under subsection (a)(1) of section 1307 (42 
        U.S.C. 4014(a)(1)),
shall for the first policy year be the preferred risk premium 
for the property and upon renewal shall be calculated in 
accordance with subsection (e) of this section until the rate 
reaches the rate calculated under subsection (a)(1) of section 
1307.
  (j) Premiums and Reports.--In setting premium risk rates, in 
addition to striving to achieve the objectives of this title 
the Administrator shall also strive to minimize the number of 
policies with annual premiums that exceed one percent of the 
total coverage provided by the policy. For any policies 
premiums that exceed this one percent threshold, the 
Administrator shall report such exceptions to the Committee on 
Financial Services of the House of Representatives and the 
Committee on Banking, Housing, and Urban Affairs of the Senate.
  (k) Consideration of Mitigation Methods.--In calculating the 
risk premium rate charged for flood insurance for a property 
under this section, the Administrator [shall take into account] 
shall--
          (1) take into account  the implementation of any 
        mitigation method identified by the Administrator in 
        the guidance issued under section 1361(d) (42 U.S.C. 
        4102(d))[.]; and
          (2) offer a reduction of the risk premium rate 
        charged to a policyholder, as determined by the 
        Administrator, if the policyholder implements any 
        mitigation method described in paragraph (1).
  (l) 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.
  (m) Protection of Small Businesses, Non-Profits, Houses of 
Worship, and Residences.--
          (1) Report.--Not later than 18 months after the date 
        of the enactment of this section and semiannually 
        thereafter, the Administrator shall monitor and report 
        to Committee on Financial Services of the House 
        Representatives and the Committee on Banking, Housing, 
        and Urban Affairs of the Senate, the Administrator's 
        assessment of the impact, if any, of the rate increases 
        required under subparagraphs (A) and (D) of section 
        1307(a)(2) [and the surcharges required under section 
        1308A] on the affordability of flood insurance for--
                  (A) small businesses with less than 100 
                employees;
                  (B) non-profit entities;
                  (C) houses of worship; and
                  (D) residences with a value equal to or less 
                than 25 percent of the median home value of 
                properties in the State in which the property 
                is located.
          (2) Recommendations.--If the Administrator determines 
        that the rate increases [or surcharges] described in 
        paragraph (1) are having a detrimental effect on 
        affordability, including resulting in lapsed policies, 
        late payments, or other criteria related to 
        affordability as identified by the Administrator, for 
        any of the properties identified in subparagraphs (A) 
        through (D) of such paragraph, the Administrator shall, 
        not later than 3 months after making such a 
        determination, make such recommendations as the 
        Administrator considers appropriate to improve 
        affordability to the Committee on Financial Services of 
        the House of Representatives and the Committee on 
        Banking, Housing, and Urban Affairs of the Senate.
  (n) Premium Rates for Certain Agricultural Structures With 
Variances.--Notwithstanding any other provision of this Act, 
the chargeable premium rate for coverage under this title for 
any structure provided a variance pursuant to section 
1315(a)(3) shall be the same as the rate that otherwise would 
apply to such structure if the structure had been dry 
floodproofed or a comparable actuarial rate based upon the risk 
associated with structures within the applicable AL-E zone 
established under section 1360(l).
  (o) Effect of Private Flood Insurance Coverage on Continuous 
Coverage Requirements.--For purposes of applying any statutory, 
regulatory, or administrative continuous coverage requirement, 
including under section 1307(g)(1), the Administrator shall 
consider any period during which a property was continuously 
covered by a flood insurance policy, either offered through the 
national flood insurance program or private market, that was 
used to satisfy the requirements under section 102(a) of the 
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(a)) to 
be a period of continuous coverage.

[SEC. 1308A. PREMIUM SURCHARGE.

  [(a) Imposition and Collection.--The Administrator shall 
impose and collect an annual surcharge, in the amount provided 
in subsection (b), on all policies for flood insurance coverage 
under the National Flood Insurance Program that are newly 
issued or renewed after the date of the enactment of this 
section. Such surcharge shall be in addition to the surcharge 
under section 1304(b) and any other assessments and surcharges 
applied to such coverage.
  [(b) Amount.--The amount of the surcharge under subsection 
(a) shall be--
          [(1) $25, except as provided in paragraph (2); and
          [(2) $250, in the case of a policy for any property 
        that is--
                  [(A) a non-residential property; or
                  [(B) a residential property that is not the 
                primary residence of an individual.
  [(c) Termination.--Subsections (a) and (b) shall cease to 
apply on the date on which the chargeable risk premium rate for 
flood insurance under this title for each property covered by 
flood insurance under this title, other than properties for 
which premiums are calculated under subsection (e) or (f) of 
section 1307 or section 1336 of this Act (42 U.S.C. 4014, 4056) 
or under section 100230 of the Biggert-Waters Flood Insurance 
Reform Act of 2012 (42 U.S.C. 4014 note), is not less than the 
applicable estimated risk premium rate under section 1307(a)(1) 
for such property.]

                               financing

  Sec. 1309. (a) All authority which was vested in the Housing 
and Home Finance Administrator by virtue of section 15(e) of 
the Federal Flood Insurance Act of 1956 (70 Stat. 1084) 
(pertaining to the issue of notes or other obligations or the 
Secretary of the Treasury), as amended by subsections (a) and 
(b) of section 1303 of this Act, shall be available to the 
Administrator for the purpose of carrying out the flood 
insurance program under this title; except that the total 
amount of notes and obligations which may be issued by the 
Administrator pursuant to such authority (1) without the 
approval of the President, may not exceed $500,000,000, and (2) 
with the approval of the President, may not exceed 
$1,500,000,000 through the date specified in section 1319, and 
$1,000,000,000 thereafter; except that, through [September 30, 
2019] September 30, 2024, clause (2) of this sentence shall be 
applied by substituting ``$30,425,000,000'' for 
``$1,500,000,000''. The Administrator shall report to the 
Committee on Banking, Finance and Urban Affairs of the House of 
Representatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate at any time when he requests the 
approval of the President in accordance with the preceding 
sentence.
  (b) Any funds borrowed by the Administrator under this 
authority shall, from time to time, be deposited in the 
National Flood Insurance Fund established under section 1310.
  (c) Upon the exercise of the authority established under 
subsection (a), the Administrator shall transmit a schedule for 
repayment of such amounts to--
          (1) the Secretary of the Treasury;
          (2) the Committee on Banking, Housing, and Urban 
        Affairs of the Senate; and
          (3) the Committee on Financial Services of the House 
        of Representatives.
  (d) In connection with any funds borrowed by the 
Administrator under the authority established in subsection 
(a), the Administrator, beginning 6 months after the date on 
which such funds are borrowed, and continuing every 6 months 
thereafter until such borrowed funds are fully repaid, shall 
submit a report on the progress of such repayment to--
          (1) the Secretary of the Treasury;
          (2) the Committee on Banking, Housing, and Urban 
        Affairs of the Senate; and
          (3) the Committee on Financial Services of the House 
        of Representatives.

                     national flood insurance fund

  Sec. 1310. (a) To carry out the flood insurance program 
authorized by this title, the Administrator shall establish in 
the Treasury of the United States a National Flood Insurance 
Fund (hereinafter referred to as the ``fund'') which shall be 
an account separate from any other accounts or funds available 
to the Administrator and shall be available as described in 
subsection (f), without fiscal year limitation (except as 
otherwise provided in this section)--
          (1) for making such payments as may, from time to 
        time, be required under section 1334;
          (2) to pay reinsurance claims under the excess loss 
        reinsurance coverage provided under section 1335;
          (3) to repay to the Secretary of the Treasury such 
        sums as may be borrowed from him (together with 
        interest) in accordance with the authority provided in 
        section 1309;
          (4) to the extent approved in appropriations Acts, to 
        pay any administrative expenses of the flood insurance 
        and floodplain management programs (including the costs 
        of mapping activities under section 1360);
          (5) for the purposes specified in subsection (d) 
        under the conditions provided therein;
          (6) for carrying out the program under section 
        1315(b);
          (7) for transfers to the National Flood Mitigation 
        Fund, but only to the extent provided in section 
        1367(b)(1); [and]
          (8) for carrying out section 1363(f)[.]; and
          (9) for carrying out the community assistance program 
        for effective floodplain management under section 1327.
  (b) The fund shall be credited with--
          (1) such funds borrowed in accordance with the 
        authority provided in section 1309 as may from time to 
        time be deposited in the fund;
          (2) premiums, fees, or other charges which may be 
        paid or collected in connection with the excess loss 
        reinsurance coverage provided under section 1335;
          (3) such amounts as may be advanced to the fund from 
        appropriations in order to maintain the fund in an 
        operative condition adequate to meet its liabilities;
          (4) interest which may be earned on investments of 
        the fund pursuant to subsection (c);
          (5) such sums as are required to be paid to the 
        Administrator under section 1308(d); and
          (6) receipts from any other operations under this 
        title (including premiums under the conditions 
        specified in subsection (d), and salvage proceeds, if 
        any, resulting from reinsurance coverage).
  (c) If, after--
          (1) all outstanding obligations of the fund have been 
        liquidated, and
          (2) any outstanding amounts which may have been 
        advanced to the fund from appropriations authorized 
        under section 1376(a)(2)(B) have been credited to the 
        appropriation from which advanced, with interest 
        accrued at the rate, prescribed under section 15(e) of 
        the Federal Flood Insurance Act of 1956, as in effect 
        immediately prior to the enactment of this title,
the Administrator determines that the moneys of the fund are in 
excess of current needs, he may request the investment of such 
amounts as he deems advisable by the Secretary of the Treasury 
in obligations issued or guaranteed by the United States.
  (d) In the event the Administrator makes a determination in 
accordance with the provisions of section 1340 that operation 
of the flood insurance program, in whole or in part, should be 
carried out through the facilities of the Federal Government, 
the fund shall be available for all purposes incident thereto, 
including--
          (1) cost incurred in the adjustment and payment of 
        any claims for losses, and
          (2) payment of applicable operating costs set forth 
        in the schedules prescribed under section 1311,
for so long as the program is so carried out, and in such event 
any premiums paid shall be deposited by the Administrator to 
the credit of the fund.
  (e) An annual business-type budget for the fund shall be 
prepared, transmitted to the Congress, considered, and enacted 
in the manner prescribed by sections 9103 and 9104 of title 31, 
United States Code, for wholly-owned Government corporations.
  (f) The Fund shall be available, with respect to any fiscal 
year beginning on or after October 1, 1981, only to the extent 
approved in appropriation Acts; except that the fund shall be 
available for the purpose described in subsection (d)(1) 
without such approval.

SEC. 1310A. RESERVE FUND.

  (a) Establishment of Reserve Fund.--In carrying out the flood 
insurance program authorized by this chapter, 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, including--
                  (A) the payment of claims;
                  (B) claims adjustment expenses; and
                  (C) the repayment of amounts outstanding 
                under any note or other obligation issued by 
                the Administrator under section 1309(a).
  (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 
        granted 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.--
                  (A) Rates.--In exercising the authority 
                granted under paragraph (1), the Administrator 
                shall be subject to all other provisions of 
                this Act, including any provisions relating to 
                chargeable premium rates or annual increases of 
                such rates.
                  (B) Use of additional annual insurance 
                premiums.--Notwithstanding any other provision 
                of law or any agreement entered into by the 
                Administrator, the Administrator shall ensure 
                that all amounts attributable to the 
                establishment or increase of annual insurance 
                premiums under paragraph (1) are transferred to 
                the Administrator for deposit into the Reserve 
                Fund, to be available for meeting the expected 
                future obligations of the flood insurance 
                program as described in subsection (a)(2).
          [(4) Deposit of premium surcharges.--The 
        Administrator shall deposit in the Reserve Fund any 
        surcharges collected pursuant to section 1308A.]
  (d) Phase-in Requirements.--The phase-in requirements under 
this subsection are as follows:
          (1) In general.--Beginning in fiscal year 2013 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, on a calendar quarterly basis, a report to 
Congress that--
          (1) describes and details the specific concerns of 
        the Administrator regarding the consequences of the 
        reserve ratio not being achieved;
          (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) Investment.--The Secretary of the Treasury shall invest 
such amounts of the Reserve Fund as the Secretary determines 
advisable in obligations issued or guaranteed by the United 
States.

           *       *       *       *       *       *       *


                           payment of claims

  Sec. 1312. (a) In General.--The Administrator is authorized 
to prescribe regulations establishing the general method or 
methods by which proved and approved claims for losses may be 
adjusted and paid for any damage to or loss of property which 
is covered by flood insurance made available under the 
provisions of this title.
  (b) Minimum Annual Deductible.--
          (1) Pre-firm properties.--For any structure which is 
        covered by flood insurance under this title, and on 
        which construction or substantial improvement occurred 
        on or before December 31, 1974, or before the effective 
        date of an initial flood insurance rate map published 
        by the Administrator under section 1360 for the area in 
        which such structure is located, the minimum annual 
        deductible for damage to such structure shall be--
                  (A) $1,500, if the flood insurance coverage 
                for such structure covers loss of, or physical 
                damage to, such structure in an amount equal to 
                or less than $100,000; and
                  (B) $2,000, if the flood insurance coverage 
                for such structure covers loss of, or physical 
                damage to, such structure in an amount greater 
                than $100,000.
          (2) Post-firm properties.--For any structure which is 
        covered by flood insurance under this title, and on 
        which construction or substantial improvement occurred 
        after December 31, 1974, or after the effective date of 
        an initial flood insurance rate map published by the 
        Administrator under section 1360 for the area in which 
        such structure is located, the minimum annual 
        deductible for damage to such structure shall be--
                  (A) $1,000, if the flood insurance coverage 
                for such structure covers loss of, or physical 
                damage to, such structure in an amount equal to 
                or less than $100,000; and
                  (B) $1,250, if the flood insurance coverage 
                for such structure covers loss of, or physical 
                damage to, such structure in an amount greater 
                than $100,000.
  (c) Payment of Claims to Condominium Owners.--The 
Administrator may not deny payment for any damage to or loss of 
property which is covered by [flood insurance to condominium 
owners] flood insurance--
          (1) to condominium owners  who purchased such flood 
        insurance separate and apart from the flood insurance 
        purchased by the condominium association in which such 
        owner is a member, based solely, or in any part, on the 
        flood insurance coverage of the condominium association 
        or others on the overall property owned by the 
        condominium association[.]; or
          (2) to individuals with a membership interest and 
        occupancy agreement in a cooperative housing project 
        who purchased such flood insurance separate and apart 
        from the flood insurance purchased by the cooperative 
        association in which such individual is a member, based 
        solely, or in any part, on the flood insurance coverage 
        of the cooperative association or others on the overall 
        property owned by the cooperative association.
  (d) Definitions.--For purposes of this section and section 
1306(e), the terms ``cooperative association'' and 
``cooperative housing project'' shall have such meaning as the 
Secretary shall provide.

              dissemination of flood insurance information

  Sec. 1313. (a) Availability to Public and State Agencies.--
The Administrator shall from time to time take such action as 
may be necessary in order to make information and data 
available to the public, and to any State or local agency or 
official, with regard to--
          (1) the flood insurance program, its coverage and 
        objectives, and
          (2) estimated and chargeable flood insurance premium 
        rates, including the basis for and differences between 
        such rates in accordance with the provisions of section 
        1308.
  (b)  Exchange of NFIP and Private Flood Insurance Policy and 
Claims Information.--The Administrator may provide to each 
private insurer that sells coverage that meets, at a minimum, 
the definition of private flood insurance under section 102(b) 
of the Flood Disaster Protection Act of 1973 (42 U.S.C. 
4012a(b)), current and historical property-specific information 
that is available to the Administration on flood insurance 
program coverage, flood damage assessments, and payment of 
claims, but only if the following conditions are met:
          (1) Each private insurer receiving such data shall 
        provide to the Administrator current and historical 
        property-specific information, generated through the 
        sale of the flood insurance that meets such definition 
        of private flood insurance, by the private insurer on 
        flood insurance coverage, flood damage assessments, and 
        payment of claims.
          (2) Such information obtained under paragraph shall 
        be made available as required by subsections (c) and 
        (d).
  (c) Homeowner Access to NFIP and Private Policy and Claims 
Information.--Upon request by the current owner of a property, 
the Administrator shall provide to the owner any current and 
historical information available to the Administrator, 
including information obtained under subsection (b)(1), on 
insurance coverage, damage assessments, and payment of claims 
concerning such property of the owner. In addition, the 
Administrator shall provide information the Administrator may 
have on whether the property owner may be required to purchase 
flood insurance coverage due to previous receipt of federal 
disaster assistance, including assistance provided by the Small 
Business Administration, the Department of Housing and Urban 
Development, the Federal Emergency Management Agency, or any 
other type of assistance subject to the mandatory purchase 
requirement under section 102 of the Flood Disaster Protection 
Act of 1973.
  (d) Homebuyer Access to Flood Insurance Information.--
Notwithstanding section 552a(b) of title 5, United States Code, 
not later than 14 days after a request for such information by 
a buyer under contract for purchase of a property, the 
Administrator shall provide to the buyer the following 
information:
          (1) The number and dollar value of claims filed for 
        the property, over the life of the property, under a 
        flood insurance policy made available under this title.
          (2) Such other available information about the 
        property as determined by the Administrator to 
        accurately and adequately characterize the true flood 
        risk to the property.
          (3) A notice to the recipient of the information that 
        the information provided may only be utilized by the 
        recipient alone and only for the purposes of 
        homebuying.

           *       *       *       *       *       *       *


                   state and local land use controls

  Sec. 1315. (a) Requirement for Participation in Flood 
Insurance Program.--
          (1) In general.--After December 31, 1971, no new 
        flood insurance coverage shall be provided under this 
        title in any area (or subdivision thereof) unless an 
        appropriate public body shall have adopted adequate 
        land use and control measures (with effective 
        enforcement provisions) which the Administrator finds 
        are consistent with the comprehensive criteria for land 
        management and use under section 1361.
          (2) Agricultural structures.--
                  (A) Activity restrictions.--Notwithstanding 
                any other provision of law, the adequate land 
                use and control measures required to be adopted 
                in an area (or subdivision thereof) pursuant to 
                paragraph (1) may provide, at the discretion of 
                the appropriate State or local authority, for 
                the repair and restoration to predamaged 
                conditions of an agricultural structure that--
                          (i) is a [repetitive loss structure] 
                        repetitive-loss property; or
                          (ii) has incurred flood-related 
                        damage to the extent that the cost of 
                        restoring the structure to its 
                        predamaged condition would equal or 
                        exceed 50 percent of the market value 
                        of the structure before the damage 
                        occurred.
                  (B) Premium rates and coverage.--To the 
                extent applicable, an agricultural structure 
                repaired or restored pursuant to subparagraph 
                (A) shall pay chargeable premium rates 
                established under section 1308 at the estimated 
                risk premium rates under section 1307(a)(1). If 
                resources are available, the Administrator 
                shall provide technical assistance and 
                counseling, upon request of the owner of the 
                structure, regarding wet flood-proofing and 
                other flood damage reduction measures for 
                agricultural structures. The Administrator 
                shall not be required to make flood insurance 
                coverage available for such an agricultural 
                structure unless the structure is wet flood-
                proofed through permanent or contingent 
                measures applied to the structure or its 
                contents that prevent or provide resistance to 
                damage from flooding by allowing flood waters 
                to pass through the structure, as determined by 
                the Administrator.
                  (C) Prohibition on disaster relief.--
                Notwithstanding any other provision of law, any 
                agricultural structure repaired or restored 
                pursuant to subparagraph (A) shall not be 
                eligible for disaster relief assistance under 
                any program administered by the Administrator 
                or any other Federal agency.
                  (D) Definitions.--For purposes of this 
                paragraph--
                          (i) the term ``agricultural 
                        structure'' means any structure used 
                        exclusively in connection with the 
                        production, harvesting, storage, 
                        raising, or drying of agricultural 
                        commodities; and
                          (ii) the term ``agricultural 
                        commodities'' means agricultural 
                        commodities and livestock.
          (3) Allowable local variances for certain 
        agricultural structures.--
                  (A) Requirement.--Notwithstanding any other 
                provision of this Act--
                          (i) the land use and control measures 
                        adopted pursuant to paragraph (1) may 
                        not, for purposes of such paragraph, be 
                        considered to be inadequate or 
                        inconsistent with the comprehensive 
                        criteria for land management and use 
                        under section 1361 because such 
                        measures provide that, in the case of 
                        any agricultural structure that is 
                        located in an area having special flood 
                        hazards, a variance from compliance 
                        with the requirements to elevate or 
                        floodproof such a structure and meeting 
                        the requirements of subparagraph (B) 
                        may be granted; and
                          (ii) the Administrator may not 
                        suspend a community from participation 
                        in the national flood insurance 
                        program, or place such a community on 
                        probation under such program, because 
                        such land use and control measures 
                        provide for such a variance.
                This subparagraph shall not limit the ability 
                of the Administrator to take enforcement action 
                against a community that does not adopt 
                adequate variance criteria or establish proper 
                enforcement mechanisms.
                  (B) Variance; considerations.--The 
                requirements of this subparagraph with respect 
                to a variance are as follows:
                          (i) The variance is granted by an 
                        official from a duly constituted State 
                        or local zoning authority, or other 
                        authorized public body responsible for 
                        regulating land development or 
                        occupancy in flood-prone areas.
                          (ii) In the case of new construction, 
                        such official has determined--
                                  (I) that neither 
                                floodproofing nor elevation of 
                                the new structure to the base 
                                flood elevation is practicable; 
                                and
                                  (II) that the structure is 
                                not located in--
                                          (aa) a designated 
                                        regulatory floodway;
                                          (bb) an area 
                                        riverward of a levee or 
                                        other flood control 
                                        structure; or
                                          (cc) an area subject 
                                        to high velocity wave 
                                        action or seaward of 
                                        flood control 
                                        structures.
                          (iii) In the case of existing 
                        structures--
                                  (I) if such structure is 
                                substantially damaged or in 
                                need of substantial repairs or 
                                improvements, such official has 
                                determined that neither 
                                floodproofing nor elevation to 
                                the base flood elevation is 
                                practicable; and
                                  (II) if such structure is 
                                located within a designated 
                                regulatory flood-way, such 
                                official has determined that 
                                the repair or improvement does 
                                not result in any increase in 
                                base flood levels during the 
                                base flood discharge.
                          (iv) Such official has determined 
                        that the variance will not result in 
                        increased flood heights, additional 
                        threats to public safety, extraordinary 
                        public expense, create nuisances, cause 
                        fraud on or victimization of the 
                        public, or conflict with existing local 
                        laws or ordinances.
                          (v) Not more than one claim payment 
                        exceeding $1,000 has been made for the 
                        structure under flood insurance 
                        coverage under this title within any 
                        period of 10 consecutive years at any 
                        time prior to the granting of the 
                        variance.
                  (C) Definitions.--For purposes of this 
                paragraph, the following definitions shall 
                apply:
                          (i) Agricultural structure.--The term 
                        ``agricultural structure'' has the 
                        meaning given such term in paragraph 
                        (2)(D).
                          (ii) Floodproofing.--The term 
                        ``floodproofing'' means, with respect 
                        to a structure, any combination of 
                        structural and non-structural 
                        additions, changes, or adjustments to 
                        the structure, including attendant 
                        utilities and equipment, that reduce or 
                        eliminate potential flood damage to 
                        real estate or improved real property, 
                        water and sanitary facilities, 
                        structures, or their contents.
  (b) Community Rating System and Incentives for Community 
Floodplain Management.--
          (1) Authority and goals.--The Administrator shall 
        carry out a community rating system program, under 
        which communities participate voluntarily--
                  (A) to provide incentives for measures that 
                reduce the risk of flood or erosion damage that 
                exceed the criteria set forth in section 1361 
                and evaluate such measures;
                  (B) to encourage adoption of more effective 
                measures that protect natural and beneficial 
                floodplain functions;
                  (C) to encourage floodplain and erosion 
                management; and
                  (D) to promote the reduction of Federal flood 
                insurance losses.
          (2) Incentives.--The program shall provide incentives 
        in the form of credits on premium rates for flood 
        insurance coverage in communities that the 
        Administrator determines have adopted and enforced 
        measures that reduce the risk of flood and erosion 
        damage that exceed the criteria set forth in section 
        1361. In providing incentives under this paragraph, the 
        Administrator [may] shall provide for credits to flood 
        insurance premium rates in communities that the 
        Administrator determines have implemented measures that 
        protect natural and beneficial floodplain functions.
          (3) Credits.--The credits on premium rates for flood 
        insurance coverage shall be based on the estimated 
        reduction in flood and erosion damage risks resulting 
        from the measures adopted by the community under this 
        program, and the Administrator shall provide credits to 
        the maximum number of communities practicable. If a 
        community has received mitigation assistance under 
        section 1366, the credits shall be phased in a manner, 
        determined by the Administrator, to recover the amount 
        of such assistance provided for the community.
          (4) Reports.--Not later than 2 years after the date 
        of enactment of the Riegle Community Development and 
        Regulatory Improvement Act of 1994 and not less than 
        every 2 years thereafter, the Administrator shall 
        submit a report to the Congress regarding the program 
        under this subsection. Each report shall include an 
        analysis of the cost-effectiveness of the program, any 
        other accomplishments or shortcomings of the program, 
        and any recommendations of the Administrator for 
        legislation regarding the program.
  (c) Grants for Community Rating System Program 
Coordinators.--
          (1) Authority.--The Administrator shall carry out a 
        program to make grants to consortia of States and 
        communities for use only for costs of employing or 
        otherwise retaining an individual or individuals to 
        coordinate and carry out responsibilities relating to 
        participation in the community rating system program 
        under subsection (b) for States and communities that 
        are members of such consortia.
          (2) Eligibility.--The Administrator shall establish 
        such criteria as the Administrator considers 
        appropriate for a consortium of States and communities 
        to be eligible for grants under this subsection, which 
        shall include requiring a consortium to provide 
        evidence to the Administrator that the consortium has 
        sufficient authority and administrative capability to 
        use grant amounts in accordance with this subsection on 
        behalf of its member jurisdictions.
          (3) Timing.--A consortium receiving a grant under 
        this section shall establish the position or positions 
        described in paragraph (1), and employ or otherwise 
        retain an individual or individuals to fill such 
        position or positions, not later than the date that all 
        such grant amounts are expended.
          (4) Applications.--The Administrator shall provide 
        for consortia of States and communities to submit 
        applications for grants under this subsection, which 
        shall include--
                  (A) the evidence referred to in paragraph 
                (2);
                  (B) such assurances as the Administrator 
                shall require to ensure compliance with the 
                requirement under paragraph (3);
                  (C) such assurances as the Administrator 
                shall require to ensure that the consortia will 
                provide funding sufficient to continue the 
                position or positions funded with the grant 
                amounts, in the same annual amount as under 
                such grant funding, after such grant funds are 
                expended; and
                  (D) such other information as the 
                Administrator may require.
          (5) Selection.--From among eligible consortia of 
        States and communities submitting applications pursuant 
        to paragraph (3), the Administrator shall select 
        consortia to receive grants under this subsection in 
        accordance with such competitive criteria for such 
        section as the Administrator shall establish.
          (6) Definition of community.--For purposes of this 
        section, the term ``community'' has the meaning given 
        such term in section 1366(h) (42 U.S.C. 4104c(h)), 
        except that such term includes counties and regional 
        planning authorities that do not have zoning and 
        building code jurisdiction.
          (7) Authorization of appropriations.--There is 
        authorized to be appropriated for grants under this 
        subsection--
                  (A) $7,000,000 for the first fiscal year 
                commencing after the expiration of the 4-month 
                period beginning on the date of the enactment 
                of this Act; and
                  (B) $7,000,000 for each of the four 
                consecutive fiscal years thereafter.

           *       *       *       *       *       *       *


                           program expiration

  Sec. 1319. No new contract for flood insurance under this 
title shall be entered into after [September 30, 2019] 
September 30, 2024.

           *       *       *       *       *       *       *


SEC. 1326. STATE REVOLVING LOAN FUNDS FOR LOW-INTEREST LOANS.

  (a) Definitions.--In this section--
          (1) the term ``Community Rating System'' means the 
        community rating system carried out under section 
        1315(b);
          (2) the term ``eligible State'' means a State, the 
        District of Columbia, and the Commonwealth of Puerto 
        Rico;
          (3) the term ``insular area'' means--
                  (A) Guam;
                  (B) American Samoa;
                  (C) the Commonwealth of the Northern Mariana 
                Islands;
                  (D) the Federated States of Micronesia;
                  (E) the Republic of the Marshall Islands;
                  (F) the Republic of Palau; and
                  (G) the United States Virgin Islands;
          (4) the term ``intended use plan'' means a plan 
        prepared under subsection (d)(1);
          (5) the term ``low-income geographic area'' means an 
        area described in paragraph (1) or (2) of section 
        301(a) of the Public Works and Economic Development Act 
        of 1965 (42 U.S.C. 3161(a));
          (6) the term ``low-income homeowner'' means the owner 
        of a primary residence, the household income of which 
        in a taxable year is not more than 80 percent of the 
        median income for the area in which the residence is 
        located;
          (7) the term ``participating State'' means an 
        eligible State that--
                  (A) has entered into an agreement under 
                subsection (b)(1); and
                  (B) agrees to comply with the requirements of 
                this section;
          (8) the term ``pre-FIRM building'' means a building 
        for which construction or substantial improvement 
        occurred before the effective date of the initial Flood 
        Insurance Rate Map published by the Administrator under 
        section 1360 for the area in which the building is 
        located;
          (9) the term ``repetitive-loss property'' has the 
        meaning given the term in section 1370(a);
          (10) the term ``severe repetitive-loss property'' has 
        the meaning given the term in section 1370(a);
          (11) the term ``State loan fund'' means a flood 
        mitigation assistance revolving loan fund established 
        by an eligible State under this section; and
          (12) the term ``tribal government'' means the 
        recognized government of an Indian tribe, or the 
        governing body of an Alaska Native regional or village 
        corporation, that has been determined eligible to 
        receive services from the Bureau of Indian Affairs.
  (b) General Authority.--
          (1) In general.--The Administrator may enter into an 
        agreement with an eligible State to provide a 
        capitalization grant for the eligible State to 
        establish a revolving fund that will provide funding 
        assistance to help homeowners, businesses, nonprofit 
        organizations, and communities reduce flood risk in 
        order to decrease--
                  (A) the loss of life and property;
                  (B) the cost of flood insurance; and
                  (C) Federal disaster payments.
          (2) Timing of deposit and agreements for distribution 
        of funds.--
                  (A) In general.--Not later than the last day 
                of the fiscal year following the fiscal year in 
                which a capitalization grant is made to a 
                participating State under paragraph (1), the 
                participating State shall--
                          (i) deposit the grant in the State 
                        loan fund of the State; and
                          (ii) enter into one or more binding 
                        agreements that provide for the State 
                        to distribute the grant funds for 
                        purposes authorized under subsection 
                        (c) such that--
                                  (I) in the case of the 
                                initial grant made under this 
                                section to a State, not less 
                                than 75 percent of the amount 
                                of the grant funds shall be 
                                distributed before the 
                                expiration of the 24-month 
                                period beginning upon deposit 
                                of such funds in the State loan 
                                fund of the State; and
                                  (II) in the case of any 
                                subsequent grant made under 
                                this section to a State, not 
                                less than 90 percent of the 
                                amount of the grant funds made 
                                under the capitalization grant 
                                shall be distributed before the 
                                expiration of the 12-month 
                                period beginning upon deposit 
                                of such funds in the State loan 
                                fund of the State.
                  (B) Noncompliance.--Except as provided in 
                subparagraph (C), if a participating State does 
                not comply with subparagraph (A) with respect 
                to a grant, the Administrator shall reallocate 
                the grant in accordance with paragraph (3)(B).
                  (C) Exception.--The Administrator may not 
                reallocate any funds under subparagraph (B) to 
                a participating State that violated 
                subparagraph (A) with respect to a grant made 
                during the same fiscal year in which the funds 
                to be reallocated were originally made 
                available.
          (3) Allocation.--
                  (A) In general.--The Administrator shall 
                allocate amounts made available to carry out 
                this section to participating States--
                          (i) for the participating States to 
                        deposit in the State loan funds 
                        established by the participating 
                        States; and
                          (ii) except as provided in paragraph 
                        (6), in accordance with the 
                        requirements described in subparagraph 
                        (B).
                  (B) Requirements.--The requirements described 
                in this subparagraph are as follows:
                          (i) Fifty percent of the total amount 
                        made available under subparagraph (A) 
                        shall be allocated so that each 
                        participating State receives the 
                        percentage amount that is obtained by 
                        dividing the number of properties that 
                        were insured under the national flood 
                        insurance program in that State in the 
                        fiscal year preceding the fiscal year 
                        in which the amount is allocated by the 
                        total number of properties that were 
                        insured under the national flood 
                        insurance program in the fiscal year 
                        preceding the fiscal year in which the 
                        amount is allocated.
                          (ii) Fifty percent of the total 
                        amount made available under 
                        subparagraph (A) shall be allocated so 
                        that each participating State receives 
                        a percentage of funds that is equal to 
                        the product obtained under clause 
                        (iii)(IV) with respect to that 
                        participating State after following the 
                        procedures described in clause (iii).
                          (iii) The procedures described in 
                        this clause are as follows:
                                  (I) Divide the total amount 
                                collected in premiums for 
                                properties insured under the 
                                national flood insurance 
                                program in each participating 
                                State during the previous 
                                fiscal year by the number of 
                                properties insured under the 
                                national flood insurance 
                                program in that State for that 
                                fiscal year.
                                  (II) Add together each 
                                quotient obtained under 
                                subclause (I).
                                  (III) For each participating 
                                State, divide the quotient 
                                obtained under subclause (I) 
                                with respect to that State by 
                                the sum obtained under 
                                subclause (II).
                                  (IV) For each participating 
                                State, multiply the amount that 
                                is 50 percent of the total 
                                amount made available under 
                                subparagraph (A) by the 
                                quotient obtained under 
                                subclause (III).
                          (iv) Except as provided in paragraph 
                        (5), in a fiscal year--
                                  (I) a participating State may 
                                not receive more than 15 
                                percent of the total amount 
                                that is made available under 
                                subparagraph (A) in that fiscal 
                                year; and
                                  (II) if a participating 
                                State, based on the 
                                requirements under clauses (i) 
                                through (iii), would, but for 
                                the limit under subclause (I) 
                                of this clause, receive an 
                                amount that is greater than the 
                                amount the State is authorized 
                                to receive under that 
                                subclause, the difference 
                                between the authorized amount 
                                and the amount otherwise due to 
                                the State under clauses (i) 
                                through (iii) shall be 
                                allocated to other 
                                participating States--
                                          (aa) that, in that 
                                        fiscal year, have not 
                                        received an amount 
                                        under subparagraph (A) 
                                        that is more than the 
                                        authorized amount under 
                                        subclause (I) of this 
                                        clause; and
                                          (bb) by using the 
                                        requirements under 
                                        clauses (i) through 
                                        (iii), except that a 
                                        participating State may 
                                        receive an allocation 
                                        under this subclause 
                                        only if the allocation 
                                        does not result in the 
                                        State receiving a total 
                                        amount for the fiscal 
                                        year under subparagraph 
                                        (A) that is greater 
                                        than the authorized 
                                        amount under subclause 
                                        (I).
          (4) No revolving fund required.--
                  (A) In general.--Notwithstanding any other 
                provision of this section, and subject to 
                subparagraph (B), a participating State that 
                receives less than $4,000,000 under paragraph 
                (3)(B) in a fiscal year may distribute the 
                funds directly in the form of grants or 
                technical assistance for a purpose described in 
                subsection (c)(2), without regard to whether 
                the State has established a State loan fund.
                  (B) State matching.--A participating State 
                that exercises the authority under subparagraph 
                (A) in a fiscal year shall provide matching 
                funds from non-Federal sources in an amount 
                that is equal to 15 percent of the amount that 
                the State receives under paragraph (3)(B) in 
                that fiscal year for purposes described in 
                subparagraph (A).
          (5) Allocation of remaining funds.--After allocating 
        amounts made available to carry out this section for a 
        fiscal year in accordance with paragraph (3), the 
        Administrator shall allocate any remaining amounts made 
        available for that fiscal year to participating States, 
        using the procedures described in clauses (i) through 
        (iii) of paragraph (3)(B).
          (6) Allocation for tribal governments and insular 
        areas.--The Administrator shall reserve not less than 
        5.0 percent of the amount made available to carry out 
        this section in a fiscal year to enter into grant 
        agreements with tribal governments and insular areas, 
        with the grant funds to be distributed--
                  (A) according to criteria established by the 
                Administrator; and
                  (B) for a purpose described in subsection 
                (c)(2).
          (7) Administrative costs; technical assistance.--The 
        Administrator shall reserve not more than 2.5 percent 
        of the amount made available to carry out this section 
        in a fiscal year--
                  (A) for administrative costs incurred in 
                carrying out this section; and
                  (B) to provide technical assistance to 
                recipients of grants under this section.
  (c) Use of Funds.--
          (1) In general.--Amounts deposited in a State loan 
        fund, including repayments of loans made from the fund 
        and interest earned on the amounts in the fund, shall 
        be used--
                  (A) consistent with paragraphs (2) and (3) 
                and subsection (g), to provide financial 
                assistance for--
                          (i) homeowners, businesses, and 
                        nonprofit organizations that are 
                        eligible to participate in the national 
                        flood insurance program;
                          (ii) any local government that 
                        participates in the national flood 
                        insurance program; and
                          (iii) any State government agencies 
                        or subdivisions of any State government 
                        that engage in floodplain management 
                        activities;
                  (B) as a source of revenue and security for 
                leveraged loans, the proceeds of which shall be 
                deposited in the State loan fund; or
                  (C) for the sale of bonds as security for 
                payment of the principal and interest on 
                revenue or general obligation bonds issued by 
                the participating State to provide matching 
                funds under subsection (g), if the proceeds 
                from the sale of the bonds are deposited in the 
                State loan fund.
          (2) Purposes.--A recipient of financial assistance 
        provided through amounts from a State loan fund--
                  (A) shall use the amounts to reduce--
                          (i) flood risk; or
                          (ii) potential flood claims submitted 
                        under the national flood insurance 
                        program;
                  (B) shall use the amounts in a cost-effective 
                manner under requirements established by the 
                State, which may require an applicant for 
                financial assistance to submit any information 
                that the State considers relevant or necessary 
                before the date on which the applicant receives 
                the assistance;
                  (C) shall use the amounts for projects that--
                          (i) meet design and construction 
                        standards established by the 
                        Administrator;
                          (ii) are located in communities 
                        that--
                                  (I) participate in the 
                                national flood insurance 
                                program; and
                                  (II) have developed a State, 
                                local, or tribal government 
                                hazard mitigation plan that has 
                                been approved by the 
                                Administrator under section 
                                1366;
                          (iii)(I) address a repetitive-loss 
                        property or a severe repetitive-loss 
                        property; or
                          (II) address flood risk in the 500-
                        year floodplain, areas of residual 
                        flood risk, or other areas of potential 
                        flood risk, as identified by the 
                        Administrator; and
                          (iv) address current risk and 
                        anticipate future risk, such as sea-
                        level rise;
                  (D) may use the amounts--
                          (i) for projects relating to--
                                  (I) structural elevation;
                                  (II) floodproofing;
                                  (III) the relocation or 
                                removal of buildings from the 
                                100-year floodplain or other 
                                areas of flood risk, including 
                                the acquisition of properties 
                                for such a purpose;
                                  (IV) environmental 
                                restoration activities that 
                                directly reduce flood risk;
                                  (V) any eligible activity 
                                described in subparagraphs (A) 
                                through (G) of section 
                                1366(c)(3); or
                                  (VI) other activities 
                                determined appropriate by the 
                                Administrator;
                          (ii) with respect to a project 
                        described in clause (i), only for 
                        expenditures directly related to a 
                        project described in that clause, 
                        including expenditures for planning, 
                        design, and associated pre-construction 
                        activities; and
                          (iii) to acquire, for the purposes of 
                        permanent protection, land, buildings, 
                        or a conservation easement from a 
                        willing seller or grantor;
                  (E) may not use the amounts--
                          (i) to construct buildings or expand 
                        existing buildings unless the activity 
                        is for the purpose of flood mitigation;
                          (ii) to improve any structure, unless 
                        the recipient has obtained flood 
                        insurance coverage in an amount at 
                        least equal to the lesser of the 
                        eligible project costs or the maximum 
                        insurable limit for the structure under 
                        the national flood insurance program 
                        coverage for the structure, which 
                        coverage shall be maintained for the 
                        useful life of the structure;
                          (iii) to improve a residential 
                        property with an appraised value that 
                        is not less than 125 percent of the 
                        limitation on the maximum original 
                        principal obligation of a conventional 
                        mortgage that may be purchased by the 
                        Federal National Mortgage Association 
                        or the Federal Home Loan Mortgage 
                        Corporation in the area in which the 
                        property is located, as established 
                        under section 302(b)(2) of the Federal 
                        National Mortgage Association Charter 
                        Act (12 U.S.C. 1717(b)(2)) and section 
                        305(a)(2) of the Federal Home Loan 
                        Mortgage Corporation Act (12 U.S.C. 
                        1454(a)(2));
                          (iv) for the direct benefit of a 
                        homeowner if the annual household 
                        adjusted gross income of the homeowner 
                        during the previous fiscal year was not 
                        less than $200,000, as annually 
                        adjusted by the Administrator to 
                        reflect changes in the Consumer Price 
                        Index for All Urban Consumers, as 
                        published by the Bureau of Labor 
                        Statistics of the Department of Labor 
                        and rounded to the nearest $25; or
                          (v) to acquire real property or an 
                        interest in real property unless the 
                        property is purchased from a willing 
                        seller; and
                  (F) shall, in the use of such amounts, give 
                priority to the maximum extent practicable to 
                projects that assist low-income homeowners and 
                low-income geographical areas.
  (d) Intended Use Plans.--
          (1) In general.--After providing the opportunity for 
        public review and comment, each participating State 
        shall annually prepare a plan that identifies, for the 
        year following the date of issuance of the intended use 
        plan, the intended uses of the amounts available in the 
        State loan fund of the participating State.
          (2) Consultation during preparation.--Each 
        participating State, in preparing an intended use plan, 
        shall ensure that the State agency with primary 
        responsibility for floodplain management--
                  (A) provides oversight with respect to the 
                preparation of the intended use plan; and
                  (B) consults with any other appropriate State 
                agency, including agencies responsible for 
                coastal and environmental management.
          (3) Contents.--A participating State shall, in each 
        intended use plan--
                  (A) include--
                          (i) an explanation of the mitigation 
                        and resiliency benefits the State 
                        intends to achieve, including by--
                                  (I) reducing future damage 
                                and loss associated with 
                                flooding;
                                  (II) reducing the number of 
                                severe repetitive-loss 
                                properties and repetitive-loss 
                                properties in the State;
                                  (III) decreasing the number 
                                of flood insurance claims in 
                                the State; and
                                  (IV) increasing the rating 
                                under the Community Rating 
                                System for communities in the 
                                State;
                          (ii) information with respect to the 
                        availability of, and the application 
                        process for receiving, financial 
                        assistance from the State loan fund of 
                        the State;
                          (iii) the criteria and methods 
                        established for the distribution of 
                        amounts from the State loan fund of the 
                        State;
                          (iv) the amount of financial 
                        assistance that the State anticipates 
                        allocating to--
                                  (I) local government 
                                projects; and
                                  (II) projects for homeowners, 
                                business, or nonprofit 
                                organizations;
                          (v) the expected terms of the 
                        assistance provided under clause (iv); 
                        and
                          (vi) a description of the financial 
                        status of the State loan fund and the 
                        short-term and long-term goals of the 
                        State loan fund; and
                  (B) provide, to the maximum extent 
                practicable, that priority for the use of 
                amounts from the State loan fund shall be given 
                to projects that--
                          (i) address severe repetitive-loss 
                        properties and repetitive-loss 
                        properties;
                          (ii) assist low-income homeowners and 
                        low-income geographic areas; and
                          (iii) address flood risk for pre-FIRM 
                        buildings.
          (4) Publication.--Each participating State shall 
        publish and periodically update a list of all projects 
        receiving funding from the State loan fund of the 
        State, which shall include identification of--
                  (A) the community in which the project is 
                located;
                  (B) the type and amount of assistance 
                provided for each project; and
                  (C) the expected funding schedule and date of 
                completion of each project.
  (e) Fund Management.--Amounts in a State loan fund shall--
          (1) remain available for providing financial 
        assistance under this section until distributed;
          (2) if the amounts are not required for immediate 
        distribution or expenditure, be invested in interest-
        bearing obligations; and
          (3) except as provided in subsection (i), include 
        only--
                  (A) amounts received from capitalization 
                grants made under this section;
                  (B) repayments of loans made from the fund; 
                and
                  (C) interest earned on amounts in the fund.
  (f) Matching Funds.--
          (1) Full grant.--On or before the date on which a 
        participating State receives a capitalization grant, 
        the State shall deposit into the State loan fund of the 
        State, in addition to the amount of the capitalization 
        grant, an amount from non-Federal sources that is not 
        less than 10 percent of the total amount of the 
        capitalization grant.
          (2) Reduced grant.--Notwithstanding paragraph (1), if 
        a State deposits in the State loan fund of the State in 
        connection a capitalization grant an amount from non-
        Federal sources that is less than 10 percent of the 
        total amount of the capitalization grant that would 
        otherwise be received by the State, the Administrator 
        shall reduce the amount of the capitalization grant 
        received by the State to the amount that is 10 times 
        the amount so deposited and shall allocate such 
        remaining grant amounts under subsection (b)(5) 
        together with the amounts allocated under such 
        subsection.
  (g) Types of Assistance.--Unless otherwise prohibited by 
State law, a participating State may use the amounts deposited 
into a State loan fund under this section only--
          (1) to make a loan, on the condition that--
                  (A) the interest rate for the loan is not 
                more than the market interest rate;
                  (B) the recipient of the loan will begin 
                making principal and interest payments on the 
                loan not later than 1 year after the date on 
                which the project for which the loan was made 
                is completed;
                  (C) the loan will be fully amortized not 
                later than 20 years after the date on which the 
                project for which the loan was made is 
                completed, except that, in the case of a loan 
                made for a project in a low-income geographic 
                area or to a low-income homeowner, the State 
                may provide a longer amortization period for 
                the loan if that longer period--
                          (i) ends on a date that is not later 
                        than 30 years after the date on which 
                        the project is completed; and
                          (ii) is not longer than the expected 
                        design life of the project;
                  (D) the recipient of the loan demonstrates, 
                based on verified and documented information 
                that, at the time the loan is consummated, that 
                the recipient has a reasonable ability to repay 
                the loan, according to its terms, except that 
                this subparagraph may not be construed to 
                authorize any reduction or limitation in 
                efforts to comply with the requirements of 
                subsection (c)(2)(E) (relating to priority for 
                assistance for low-income homeowners and low-
                income geographical areas); and
                  (E) payments of principal and interest with 
                respect to the loan will be deposited into the 
                State loan fund;
          (2) to buy or refinance the debt obligation of a 
        local government related to flood mitigation or 
        resiliency activities, at an interest rate that is not 
        more than the market interest rate;
          (3) to guarantee, or purchase insurance for, a local 
        obligation, the proceeds of which finance a project 
        eligible for assistance under this section, if the 
        guarantee or purchase, as applicable, would--
                  (A) improve credit market access; or
                  (B) reduce the interest rate with respect to 
                the obligation;
          (4) as a source of revenue or as security for the 
        payment of principal and interest on revenue or general 
        obligation bonds issued by the State if the proceeds of 
        the sale of the bonds will be deposited into the State 
        loan fund; or
          (5) to earn interest on those amounts.
  (h) Assistance for Low-Income Homeowners and Low-Income 
Geographic Areas.--
          (1) In general.--Notwithstanding any other provision 
        of this section, if a participating State uses amounts 
        from a State loan fund to provide financial assistance 
        under subsection (c) in a low-income geographic area or 
        to a low-income homeowner, the State may provide 
        additional subsidization to the recipient of the 
        assistance, including forgiveness of the principal of a 
        loan.
          (2) Limitation.--For each fiscal year, the total 
        amount of additional subsidization provided by a 
        participating State under paragraph (1) may not exceed 
        30 percent of the amount of the capitalization grant 
        allocated to the State for that fiscal year.
  (i) Administration of Fund.--
          (1) In general.--A participating State may combine 
        the financial administration of a State loan fund with 
        the financial administration of any other revolving 
        fund established by the State if--
                  (A) combining the administration of the funds 
                would--
                          (i) be convenient and avoid 
                        administrative costs; and
                          (ii) not violate the law of the 
                        State; and
                  (B) the Administrator determines that--
                          (i) amounts obtained from a grant 
                        made under this section, amounts 
                        obtained from the repayment of a loan 
                        made from a State loan fund, and 
                        interest earned on amounts in a State 
                        loan fund will be--
                                  (I) accounted for separately 
                                from amounts from other 
                                revolving funds; and
                                  (II) used only for purposes 
                                authorized under this section; 
                                and
                          (ii) after consulting with the 
                        appropriate State agencies, the 
                        authority to establish assistance 
                        priorities and carry out oversight and 
                        related activities, other than 
                        financial administration, with respect 
                        to flood assistance remains with the 
                        State agency with primary 
                        responsibility for floodplain 
                        management.
          (2) Administrative and technical costs.--
                  (A) In general.--For each fiscal year, a 
                participating State may use the amount 
                described in subparagraph (B) to--
                          (i) pay the reasonable costs of 
                        administration of the programs under 
                        this section, including the recovery of 
                        reasonable costs incurred in 
                        establishing a State loan fund;
                          (ii) provide appropriate oversight of 
                        projects authorized under this section; 
                        and
                          (iii) provide technical assistance 
                        and outreach to recipients in the State 
                        of amounts under this section, 
                        including with respect to updating 
                        hazard mitigation plans and 
                        participating in the Community Rating 
                        System, in an amount that is not more 
                        than 4 percent of the funds made 
                        available to the State under this 
                        section.
                  (B) Description.--The amount described in 
                this subparagraph is an amount equal to the sum 
                of--
                          (i) any fees collected by a 
                        participating State to recover the 
                        costs described in subparagraph (A)(i), 
                        regardless of the source; and
                          (ii) the greatest of--
                                  (I) $400,000;
                                  (II) 0.2 percent of the value 
                                of the State loan fund of a 
                                State, as of the date on which 
                                the valuation is made; and
                                  (III) an amount equal to 7 
                                percent of all grant awards 
                                made to a participating State 
                                for the State loan fund of the 
                                State under this section for 
                                the fiscal year.
          (3) Audit and report.--
                  (A) Audit requirement.--Not less frequently 
                than biennially, each participating State shall 
                conduct an audit of the State loan fund of the 
                State.
                  (B) Report.--Each participating State shall 
                submit to the Administrator a biennial report 
                regarding the activities of the State under 
                this section during the period covered by the 
                report, including--
                          (i) the result of any audit conducted 
                        by the State under subparagraph (A); 
                        and
                          (ii) a review of the effectiveness of 
                        the State loan fund of the State with 
                        respect to--
                                  (I) the intended use plans of 
                                the State; and
                                  (II) meeting the objectives 
                                described in subsection (b)(1).
          (4) Oversight.--In conducting oversight with respect 
        to State loan funds established under this section, the 
        Administrator--
                  (A) shall--
                          (i) periodically audit the funds in 
                        accordance with procedures established 
                        by the Comptroller General of the 
                        United States; and
                          (ii) not less frequently than once 
                        every 4 years, review each State loan 
                        fund to determine the effectiveness of 
                        the fund in reducing flood risk; and
                  (B) may, at any time--
                          (i) make recommendations to a 
                        participating State with respect to the 
                        administration of the State loan fund 
                        of the State; or
                          (ii) require specific changes with 
                        respect to a State loan fund in order 
                        to improve the effectiveness of the 
                        fund.
  (j) Liability Protections.--The Federal Government shall not 
be liable for any claim based upon the exercise or performance 
of, or the failure to exercise or perform, a discretionary 
function or duty on the part of the Federal agency, or an 
employee of the Federal Government, in carrying out the 
provision of this section.
  (k) Regulations.--The Administrator shall promulgate such 
guidance or regulations as may be necessary to carry out this 
section, including guidance or regulations that--
          (1) ensure that each participating State to which 
        funds are allocated under this section uses the funds 
        as efficiently as possible;
          (2) reduce, to the maximum extent practicable, waste, 
        fraud, and abuse with respect to the implementation of 
        this section; and
          (3) require any party that receives funds directly or 
        indirectly under this section, including a 
        participating State and a recipient of amounts from a 
        State loan fund, to use procedures with respect to the 
        management of the funds that conform to generally 
        accepted accounting standards.
  (l) Authorization of Appropriations.--There ia authorized to 
be appropriated to carry out this section $50,000,000 for each 
of fiscal years 2020 through 2024.

SEC. 1327. COMMUNITY ASSISTANCE PROGRAM FOR EFFECTIVE FLOODPLAIN 
                    MANAGEMENT.

  (a) In General.--The Administrator shall establish a 
community assistance program under this section to increase the 
capacity and capability of States, Indian tribes, and 
communities to effectively manage flood risk and participate in 
the national flood insurance program, including the community 
rating system program under section 1315(b), by providing 
financial and technical assistance to States, tribes and 
communities.
  (b) Components.--The community assistance program under this 
program shall include--
          (1) making community assistance grants under 
        subsection (c) to States;
          (2) conducting periodic assessments, not less often 
        than once every 5 years, of the technical assistance 
        and training needs of States, Indian tribes, and 
        communities;
          (3) providing technical assistance and training to 
        States, Indian tribes, and communities in accordance 
        with the needs identified by such assessments;
          (4) conducting periodic reviews of State, Indian 
        tribe, and community floodplain management standards by 
        the Administrator to promote continuous improvement in 
        building and maintaining effective State floodplain 
        management programs (as such term is defined in 
        subsection (d));
          (5) conducting periodic estimates of the losses 
        avoided nationally due to the adoption of qualifying 
        floodplain management standards by States, Indian 
        tribes and communities;
          (6) in coordination with each State receiving a grant 
        under subsection (c), developing and executing a 
        strategy to--
                  (A) provide technical and financial 
                assistance to communities, including small and 
                rural communities, and Indian tribes within the 
                State; and
                  (B) encourage greater participation in the 
                community rating system program; and
          (7) establishing goals for States participating in 
        the program and incentives for exceeding such goals.
  (c) Community Assistance Grants to States.--
          (1) In general.--Under the program under this section 
        the Administrator may award grants to States, which 
        shall be used only--
                  (A) to increase the capacity and capability 
                of the State and communities and Indian tribes 
                in the State to effectively manage flood risk 
                and to fully participate in the national flood 
                insurance program, including the community 
                rating system program; and
                  (B) for activities related to implementation, 
                administration, oversight, and enforcement of 
                the national flood insurance program at the 
                State and local and tribal levels.
          (2) Guidelines.--The Administrator shall establish 
        guidelines governing the use of grant funds under this 
        subsection, including setting forth activities eligible 
        to be funded with such amounts.
          (3) Eligibility.--To be eligible to receive a grant 
        under this subsection, a State shall--
                  (A) demonstrate, to the satisfaction of the 
                Administrator, that the State has in effect 
                qualifying State floodplain management 
                standards for the State;
                  (B) agree to submit such reports, 
                certifications, and information to the 
                Administrator as the Administrator shall 
                require, including those required under 
                paragraph (5); and
                  (C) meet any additional eligibility 
                requirements as the Administrator may require.
          (4) Application; selection criteria.--The 
        Administrator shall provide for States to submit 
        applications for grants under this subsection, which 
        shall include such information, assurances, and 
        certifications as the Administrator may require, and 
        may establish criteria for selection of qualifying 
        applications to be selected for grants under this 
        subsection.
          (5) Ongoing review of floodplain management 
        standards.--Each State that is awarded funds under this 
        section shall provide periodic reports, certifications, 
        and information regarding the floodplain management 
        standards of such State as the Administrator may 
        require for the duration of the use of grant amounts.
  (d) Definitions.--For purposes of this section:
          (1) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given such term in section 4 of the Native 
        American Housing Assistance and Self-Determination Act 
        of 1996 (25 U.S.C. 4103).
          (2) Qualifying state floodplain management 
        standards.--The term ``qualifying State floodplain 
        management standards'' means the floodplain management 
        standards of a State that--
                  (A) are specifically authorized under State 
                law and do not conflict with or inhibit the 
                implementation of the National Flood Insurance 
                Act of 1968;
                  (B) designate an entity responsible for 
                coordinating the national flood insurance 
                program in the State;
                  (C) identify State resources and programs to 
                manage floodplains and reduce flood risk;
                  (D) address on a long-term basis--
                          (i) integration of floodplain 
                        management activities with other State 
                        functions and activities;
                          (ii) identification of flood hazards;
                          (iii) management of natural 
                        floodplain functions and resources;
                          (iv) elimination of adverse impacts 
                        of development on the floodplain;
                          (v) flood mitigation and recovery 
                        strategies for the State;
                          (vi) strategies for informing 
                        communities and citizens about flood 
                        risk and mitigation options; and
                          (vii) measures for evaluating the 
                        effectiveness of State floodplain 
                        management efforts;
                  (E) include a long-term plan that will 
                facilitate the prioritization and provision of 
                training and technical assistance to 
                communities and Indian tribes in the State to 
                increase local and tribal capacity and 
                capability for floodplain management, including 
                the capacity and capability to participate in 
                the national flood insurance program and the 
                community rating system program;
                  (F) provide for oversight, administration and 
                enforcement of the national flood insurance 
                program at the State and community levels; and
                  (G) meet such other requirements as the 
                Administrator may establish.
  (e) Funding.--
          (1) Authorization of appropriations.--There is 
        authorized to be appropriated $20,000,000 for each of 
        fiscal years 2019 through 2024 for the National Flood 
        Insurance Fund for carrying out this section. Any 
        amounts appropriated pursuant to this subsection shall 
        remain available until expended.
          (2) Set-asides.--From any amounts made available for 
        grants under this section, the Administrator may 
        reserve such amount as the Administrator considers 
        appropriate--
                  (A) for community assistance grants under 
                subsection (c) to States; and
                  (B) for additional assistance only for States 
                exceeding the goals established pursuant to 
                subsection (b)(8).

SEC. 1328. ELEVATION CERTIFICATES.

  Surveyed elevation data and other information relating to a 
building that is recorded on a National Flood Insurance Program 
Elevation Certificate by an individual licensed to record that 
information shall continue to be in effect, and the Elevation 
Certificate shall not expire, until the date on which there is 
an alteration in the building.

  CHAPTER II--ORGANIZATION AND ADMINISTRATION OF THE FLOOD INSURANCE 
PROGRAM

           *       *       *       *       *       *       *



              Part C--Provisions of General Applicability


                     services by insurance industry

  Sec. 1345. (a) In administering the flood insurance program 
under this chapter, the Administrator is authorized to enter 
into any contracts, agreements, or other appropriate 
arrangements which may, from time to time, be necessary for the 
purpose of utilizing, on such terms and conditions as may be 
agreed upon, the facilities and services of any insurance 
companies or other insurers, insurance agents and brokers, or 
insurance adjustment organizations; and such contracts, 
agreements, or arrangements may include provision for payment 
of applicable operating costs and allowances for such 
facilities and services as set forth in the schedules 
prescribed under section 1311.
  (b) Any such contracts, agreements, or other arrangements may 
be entered into without regard to the provisions of section 
3709 of the Revised Statutes (41 U.S.C. 5) or any other 
provisions of law requiring competitive bidding and without 
regard to the provisions of the Federal Advisory Committee Act 
(5 U.S.C. App.).
  (c) The Administrator of the Federal Emergency Management 
Agency shall hold any agent or broker selling or undertaking to 
sell flood insurance under this title harmless from any 
judgment for damages against such agent or broker as a result 
of any court action by a policyholder or applicant arising out 
of an error or omission on the part of the Federal Emergency 
Management Agency, and shall provide any such agent or broker 
with indemnification, including court costs and reasonable 
attorney fees, arising out of and caused by an error or 
omission on the part of the Federal Emergency Management Agency 
and its contractors. The Administrator of the Federal Emergency 
Management Agency may not hold harmless or indemnify an agent 
or broker for his or her error or omission.
  (d) FEMA Authority on Transfer of Policies.--Notwithstanding 
any other provision of this title, 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.
  [(e) Risk Transfer.--The Administrator] (e)  Leveraging Risk 
Transfer Opportunities for a Sound Financial Framework._
          (1) Authority._The Administrator  may secure 
        reinsurance of coverage provided by the flood insurance 
        program from the private reinsurance and capital 
        markets 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.
          (2) Leveraging risk transfer opportunities.--On an 
        annual basis, the Administrator shall evaluate ceding a 
        portion of the risk of the flood insurance program 
        under this title to the private reinsurance or capital 
        markets, or any combination thereof, if the 
        Administrator determines--
                  (A) the rates and terms are reasonable and 
                appropriate; and
                  (B) doing so would further the development 
                and maintenance of a sound financial framework 
                for the National Flood Insurance Program.
  (f) Authority to Terminate Write Your Own Arrangements.--The 
Administrator may cancel any Write Your Own (as such term is 
defined in section 100202(a) of the Biggert-Waters Flood 
Insurance Reform Act of 2012 (42 U.S.C. 4004)) arrangement in 
its entirety upon 30 days written notice to the Write Your Own 
company involved by certified mail stating one of the following 
reasons for such cancellation:
          (1) Fraud or misrepresentation by the company after 
        the inception of the arrangement.
          (2) Nonpayment to the Administrator of any amount 
        due.
          (3) Material failure to comply with the requirements 
        of the arrangement or with the written standards, 
        procedures, or guidance issued by the Administrator 
        relating to the National Flood Insurance Program and 
        applicable to the company.
  (g) Standardized Fee Authority.--The Administrator may 
establish and implement a standardized fee schedule for all 
engineering services provided in connection with flood 
insurance coverage provided under this title by means of a 
Write Your Own arrangement.

           *       *       *       *       *       *       *


SEC. 1349. ANNUAL INDEPENDENT ACTUARIAL STUDY.

  The Administrator shall provide for an independent actuarial 
study of the National Flood Insurance Program to be conducted 
annually, which shall analyze the financial position of the 
Program. The Administrator shall submit a report annually to 
the Congress describing the results of such study and assessing 
the financial status of the Program. The report shall recommend 
adjustments to underwriting standards, program participation, 
or premiums, if necessary, to ensure that the Program remains 
financially sound. The report shall also include an evaluation 
of the quality control procedures and accuracy of information 
utilized in the process of underwriting National Flood 
Insurance Program policies. Such evaluation shall include a 
review of the risk characteristics of policies.

   CHAPTER III--COORDINATION OF FLOOD INSURANCE WITH LAND-MANAGEMENT 
                     PROGRAMS IN FLOOD-PRONE AREAS


                  identification of flood-prone areas

  Sec. 1360. (a) The Administrator is authorized to consult 
with, receive information from, and enter into any agreements 
or other arrangements with the Secretaries of the Army, the 
Interior, Agriculture, and Commerce, the Tennessee Valley 
Authority, and the heads of other Federal departments or 
agencies, on a reimbursement basis, or with the head of any 
State or local agency, or enter into contracts with any persons 
or private firms, in order that he may--
          (1) identify and publish information with respect to 
        all flood plain areas, including coastal areas located 
        in the United States, which have special flood hazards, 
        within five years following the date of the enactment 
        of this Act, and
          (2) establish or update flood-risk zone data in all 
        such areas, and make estimates with respect to the 
        rates of probable flood caused loss for the various 
        flood risk zones for each of these areas until the date 
        specified in section 1319.
  (b) The Administrator is directed to accelerate the 
identification of risk zones within flood-prone and mudslide-
prone areas, as provided by subsection (a)(2) of this section, 
in order to make known the degree of hazard within each such 
zone at the earliest possible date. To accomplish this 
objective, the Administrator is authorized, without regard to 
subsections (a) and (b) of section 3324 of title 31, United 
States Code, and section 3709 of the Revised Statutes (41 
U.S.C. 5), to make grants, provide technical assistance, and 
enter into contracts, cooperative agreements, or other 
transactions, on such terms as he may deem appropriate, or 
consent to modifications thereof, and to make advance or 
progress payments in connection therewith.
  (c) The Secretary of Defense (through the Army Corps of 
Engineers), the Secretary of the Interior (through the United 
States Geological Survey), the Secretary of Agriculture 
(through the Soil Conservation Service), the Secretary of 
Commerce (through the National Oceanic and Atmospheric 
Administration), the head of the Tennessee Valley Authority, 
and the heads of all other Federal agencies engaged in the 
identification or delineation of flood-risk zones within the 
several States shall, in consultation with the Administrator, 
give the highest practicable priority in the allocation of 
available manpower and other available resources to the 
identification and mapping of flood hazard areas and flood-risk 
zones, in order to assist the Administrator to meet the 
deadline established by this section.
  (d) The Administrator shall, not later than September 30, 
1984, submit to the Congress a plan for bringing all 
communities containing flood-risk zones into full program 
status by September 30, 1987.
  (e) Review of Flood Maps.--Once during each 5-year period 
(the 1st such period beginning on the date of enactment of the 
Riegle Community Development and Regulatory Improvement Act of 
1994) or more often as the Administrator determines necessary, 
the Administrator shall assess the need to revise and update 
all floodplain areas and flood risk zones identified, 
delineated, or established under this section, based on an 
analysis of all natural hazards affecting flood risks.
  (f) Updating Flood Maps.--The Administrator shall revise and 
update any floodplain areas and flood-risk zones--
          (1) upon the determination of the Administrator, 
        according to the assessment under subsection (e), that 
        revision and updating are necessary for the areas and 
        zones; or
          (2) upon the request from any State or local 
        government stating that specific floodplain areas or 
        flood-risk zones in the State or locality need revision 
        or updating, if sufficient technical data justifying 
        the request is submitted and the unit of government 
        making the request agrees to provide funds in an amount 
        determined by the Administrator.
Panels of the revised flood insurance rate maps for which no 
appeal has been submitted during the 90-day period referred to 
in subsection (b) shall be considered final.
  (g) Availability of Flood Maps.--To promote compliance with 
the requirements of this title, the Administrator shall make 
flood insurance rate maps and related information available 
free of charge to the Federal entities for lending regulation, 
Federal agency lenders, State agencies directly responsible for 
coordinating the national flood insurance program, and 
appropriate representatives of communities participating in the 
national flood insurance program, and at a reasonable cost to 
all other persons. Any receipts resulting from this subsection 
shall be deposited in the National Flood Insurance Fund, 
pursuant to section 1310(b)(6).
  (h) Notification of Flood Map Changes.--The Administrator 
shall cause notice to be published in the Federal Register (or 
shall provide notice by another comparable method) of any 
change to flood insurance map panels and any change to flood 
insurance map panels issued in the form of a letter of map 
amendment or a letter of map revision. Such notice shall be 
published or otherwise provided not later than 30 days after 
the map change or revision becomes effective. Notice by any 
method other than publication in the Federal Register shall 
include all pertinent information, provide for regular and 
frequent distribution, and be at least as accessible to map 
users as notice in the Federal Register. All notices under this 
subsection shall include information on how to obtain copies of 
the changes or revisions.
  (i) Compendia of Flood Map Changes.--Every 6 months, the 
Administrator shall publish separately in their entirety within 
a compendium, all changes and revisions to flood insurance map 
panels and all letters of map amendment and letters of map 
revision for which notice was published in the Federal Register 
or otherwise provided during the preceding 6 months. The 
Administrator shall make such compendia available, free of 
charge, to Federal entities for lending regulation, Federal 
agency lenders, and States and communities participating in the 
national flood insurance program pursuant to section 1310 and 
at cost to all other parties. Any receipts resulting from this 
subsection shall be deposited in the National Flood Insurance 
Fund, pursuant to section 1310(b)(6).
  (j) Provision of Information.--In the implementation of 
revisions to and updates of flood insurance rate maps, the 
Administrator shall share information, to the extent 
appropriate, with the Under Secretary of Commerce for Oceans 
and Atmosphere and representatives from State coastal zone 
management programs.
  (k) Appeals of Existing Maps.--
          (1) Right to appeal.--A State or local government, or 
        the owner or lessee of real property, who has made a 
        formal request to the Administrator to update a flood 
        map that the Administrator has denied may at any time 
        appeal such a denial as provided in this subsection.
          (2) Basis for appeal.--The basis for appeal under 
        this subsection shall be the possession of knowledge or 
        information that--
                  (A) the base flood elevation level or 
                designation of any aspect of a flood map is 
                scientifically or technically inaccurate; or
                  (B) factors exist that mitigate the risk of 
                flooding, including ditches, banks, walls, 
                vegetation, levees, lakes, dams, reservoirs, 
                basin, retention ponds, and other natural or 
                manmade topographical features.
          (3) Appeals process.--
                  (A) Administrative adjudication.--An appeal 
                under this subsection shall be determined by a 
                final adjudication on the record, and after 
                opportunity for an administrative hearing.
                  (B) Rights upon adverse decision.--If an 
                appeal pursuant to subparagraph (A) does not 
                result in a decision in favor of the State, 
                local government, owner, or lessee, such party 
                may appeal the adverse decision to the 
                Scientific Resolution Panel provided for in 
                section 1363A, which shall recommend a non-
                binding decision to the Administrator.
          (4) Relief.--
                  (A) Wholly successful appeals.--In the case 
                of a successful appeal resulting in a 
                policyholder's property being removed from a 
                special flood hazard area, such policyholder 
                may cancel the policy at any time within the 
                current policy year, and the Administrator 
                shall provide such policyholder a refund in the 
                amount of any premiums paid for such policy 
                year, plus any premiums paid for flood 
                insurance coverage that the policyholder was 
                required to purchase or maintain during the 2-
                year period preceding such policy year.
                  (B) Partially successful appeals.--In the 
                case of any appeal in which mitigating factors 
                were determined to have reduced, but not 
                eliminated, the risk of flooding, the 
                Administrator shall reduce the amount of flood 
                insurance coverage required to be maintained 
                for the property concerned by the ratio of the 
                successful portion of the appeal as compared to 
                the entire appeal. The Administrator shall 
                refund to the policyholder any payments made in 
                excess of the amount necessary for such new 
                coverage amount, effective from the time when 
                the mitigating factor was created or the 
                beginning of the second policy year preceding 
                the determination of the appeal, whichever 
                occurred later.
                  (C) Additional relief.--The Administrator may 
                provide additional refunds in excess of the 
                amounts specified in subparagraphs (A) and (B) 
                if the Administrator determines that such 
                additional amounts are warranted.
          (5) Recovery of costs.--When, incident to any appeal 
        which is successful in whole or part regarding the 
        designation of the base flood elevation or any aspect 
        of the flood map, including elevation or designation of 
        a special flood hazard area, the community, or the 
        owner or lessee of real property, as the case may be, 
        incurs expense in connection with the appeal, including 
        services provided by surveyors, engineers, and 
        scientific experts, the Administrator shall reimburse 
        such individual or community for reasonable expenses to 
        an extent measured by the ratio of the successful 
        portion of the appeal as compared to the entire appeal, 
        but not including legal services, in the effecting of 
        an appeal based on a scientific or technical error on 
        the part of the Federal Emergency Management Agency. No 
        reimbursement shall be made by the Administrator in 
        respect to any fee or expense payment, the payment of 
        which was agreed to be contingent upon the result of 
        the appeal. The Administrator may use such amounts from 
        the National Flood Insurance Fund established under 
        section 1310 as may be necessary to carry out this 
        paragraph.
          (6) Guidance.--The Administrator shall issue guidance 
        to implement this subsection, which shall not be 
        subject to the notice and comment requirements under 
        section 553 of title 5, United States Code.
  (l) Levee-Impacted Areas.--
          (1) In general.--Subject to full implementation of 
        subparagraphs (A)(iii) and (B) of section 100216(b)(1) 
        of the Biggert-Waters Flood Insurance Reform Act of 
        2012 (42 U.S.C. 4101b(b)(1)) and notwithstanding any 
        other provision of law, if a community applies to the 
        Administrator for the remapping of a levee-impacted 
        area in which the pertinent levee system fails to meet 
        the minimum design, operation, and maintenance 
        standards of the National Flood Insurance Program 
        required for levee accreditation on a flood insurance 
        rate map in accordance with the Levee Analysis Mapping 
        Procedure initiated by the Administrator to replace the 
        ``without levees'' approach to a Flood Insurance Study, 
        the Administrator shall--
                  (A) establish flood risk zones for those 
                levee-impacted areas on such maps, to be known 
                as ``AL-E zones'', that have an established 
                elevation for community floodplain management; 
                and
                  (B) make flood insurance available to 
                properties located within those levee-impacted 
                areas.
          (2) Transition.--During the period beginning on the 
        date of enactment of this subsection and ending on the 
        date on which the Administrator develops rates for the 
        various AL-E zones, a structure located in a portion of 
        a community that is located within a levee-impacted 
        area described in paragraph (1) shall be eligible for 
        rates associated with areas of moderate flood hazards.

                  criteria for land management and use

  Sec. 1361. (a) The Administrator is authorized to carry out 
studies and investigations, utilizing to the maximum extent 
practicable the existing facilities and services of other 
Federal departments or agencies, and State and local 
governmental agencies, and any other organizations, with 
respect to the adequacy of State and local measures in flood-
prone areas as to land management and use, flood control, flood 
zoning, and flood damage prevention, and may enter into any 
contracts, agreements or other appropriate arrangements to 
carry out such authority.
  (b) Such studies and investigations shall include, but not be 
limited to, laws, regulations or ordinances relating to 
encroachments and obstructions on stream channels and 
floodways, the orderly development and use of flood plains of 
rivers or streams, floodway encroachment lines, and flood plain 
zoning, building codes, building permits, and subdivision or 
other building restrictions.
  (c) On the basis of such studies and investigations, and such 
other information as he deems necessary, the Administrator 
shall from time to time develop comprehensive critera designed 
to encourage, where necessary, the adoption of adequate State 
and local measures which, to the maximum extent feasible, 
will--
          (1) construct the development of land which is 
        exposed to flood damage where appropriate,
          (2) guide the development of proposed construction 
        away from locations which are threatened by flood 
        hazards,
          (3) assist in reducing damage caused by floods, and
          (4) otherwise improve the long-range land management 
        and use of flood prone areas,
and he shall work closely with and provide any necessary 
technical assistance to State, interstate, and local 
governmental agencies, to encourage the application of such 
criteria and the adoption and enforcement of such measures.
  (d) Flood Mitigation Methods for Buildings.--The 
Administrator shall establish guidelines for property owners 
that--
          (1) provide alternative methods of mitigation, other 
        than building elevation, to reduce flood risk to 
        residential buildings that cannot be elevated due to 
        their structural characteristics, including--
                  (A) types of building materials; [and]
                  (B) types of floodproofing; [and]
                  (C) with respect to buildings in dense urban 
                environments, methods that can be deployed on a 
                block or neighborhood scale; and
                  (D) elevation of mechanical or other critical 
                systems; and
          (2) inform property owners about how the 
        implementation of mitigation methods described in 
        paragraph (1) may affect risk premium rates for flood 
        insurance coverage under the National Flood Insurance 
        Program.
  (e) Multiple-loss Properties.--In making determinations 
regarding financial assistance under the authorities of this 
Act, the Administrator may consider the extent to which a 
community is working to remedy problems with addressing 
multiple-loss properties.

           *       *       *       *       *       *       *


                                appeals

  Sec. 1363. (a) In establishing projected flood elevations and 
designating areas having special flood hazards for land use 
purposes with respect to any community pursuant to section 
1361, the Administrator shall first propose such determinations 
and designations by publication for comment [in the Federal 
Register], by direct notification to the chief executive 
officer of the community, and by publication in a prominent 
local newspaper.
  (b) The Administrator shall publish notification of flood 
elevation determinations and designations of areas having 
special flood hazards in a prominent local newspaper at least 
twice during the ten-day period following notification to the 
local government. [During the ninety-day period following the 
second publication, any owner or lessee of real property within 
the community who believes his property rights to be adversely 
affected by the Administrator's proposed determination may 
appeal such determination to the local government.] Any owner 
or lessee of real property within the community who believes 
the owner's or lessee's rights to be adversely affected by the 
Administrator's proposed determination may appeal such 
determination to the local government no later than 90 days 
after the date of the second publication. The sole grounds for 
appeal shall be the possession of knowledge or information 
indicating that (1) the elevations being proposed by the 
Administrator with respect to an identified area having special 
flood hazards are scientifically or technically incorrect, or 
(2) the designation of an identified special flood hazard area 
is scientifically or technically incorrect.
  (c) Appeals by private persons shall be made to the chief 
executive officer of the community, or to such agency as he 
shall publicly designate, and shall set forth the data that 
tend to negate or contradict the Administrator's finding in 
such form as the chief executive officer may specify. The 
community shall review and consolidate all such appeals and 
issue a written opinion stating whether the evidence presented 
is sufficient to justify an appeal on behalf of such persions 
by the community in its own name. Whether or not the community 
decides to appeal the Administrator's determination, copies of 
individual appeals shall be sent to the Administrator as they 
are received by the community, and the community's appeal or a 
copy of its decision not to appeal shall be filed with the 
Administrator not later than ninety days after the date of the 
second newspaper publication of the Administrator's 
notification.
  (d) In the event the Administrator does not receive an appeal 
from the community within the ninety days provided he shall 
consolidate and review on their own merits, in accordance with 
the procedures set forth in [subsection (e)] subsection (f), 
the appeals filed within the community by private persons and 
shall make such modifications of his proposed determinations as 
may be appropriate, taking into account the written opinion, if 
any, issued by the community in not supporting such appeals. 
The Administrator's decision shall be in written form, and 
copies thereof shall be sent both to the chief executive 
officer of the community and to each individual appellant.
  (e) Determination by Administrator in the Absence of 
Appeals.--If the Administrator has not received any appeals, 
upon expiration of the 90-day appeal period established under 
subsection (b) of this section the Administrator's proposed 
determination shall become final. The community shall be given 
a reasonable time after the Administrator's final determination 
in which to adopt local land use and control measures 
consistent with the Administrator's determination.
  [(e)] (f) Upon appeal by any community, as provided by this 
section, the Administrator shall review and take fully into 
account any technical or scientific data submitted by the 
community that tend to negate or contradict the information 
upon which his proposed determination is based. The 
Administrator shall resolve such appeal by consultation with 
officials of the local government involved, by administrative 
hearing, or by submission of the conflicting data to the 
Scientific Resolution Panel provided for in section 1363A. 
Until the conflict in data is resolved, and the Administrator 
makes a final determination on the basis of his findings in the 
Federal Register, and so notifies the governing body of the 
community, flood insurance previously available within the 
community shall continue to be available, and no person shall 
be denied the right to purchase such insurance at chargeable 
rates. The Administrator shall make his determination within a 
reasonable time. The community shall be given a reasonable time 
after the Administrator's final determination in which to adopt 
local land use and control measures consistent with the 
Administrator's determination. The reports and other 
information used by the Administrator in making his final 
determination shall be made available for public inspection and 
shall be admissible in a court of law in the event the 
community seeks judicial review as provided by this section.
  [(f)] (g) Reimbursement of Certain Expenses.--When, incident 
to any appeal under subsection (b) or (c) of this section, the 
owner or lessee of real property or the community, as the case 
may be, or, in the case of an appeal that is resolved by 
submission of conflicting data to the Scientific Resolution 
Panel provided for in section 1363A, the community, incurs 
expense in connection with the services of surveyors, 
engineers, or similar services, but not including legal 
services, in the effecting of an appeal based on a scientific 
or technical error on the part of the Federal Emergency 
Management Agency, which is successful in whole or part, the 
Administrator shall reimburse such individual or community to 
an extent measured by the ratio of the successful portion of 
the appeal as compared to the entire appeal and applying such 
ratio to the reasonable value of all such services, but no 
reimbursement shall be made by the Administrator in respect to 
any fee or expense payment, the payment of which was agreed to 
be contingent upon the result of the appeal. 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. The Administrator shall promulgate regulations 
to carry out this subsection.
  [(g)] (h) Except as provided in section 1363A, any appellant 
aggrieved by any final determination of the Administrator upon 
administrative appeal, as provided by this section, may appeal 
such determination to the United States district court for the 
district within which the community is located not more than 
sixty days after receipt of notice of such determination. The 
scope of review by the court shall be as provided by chapter 7 
of title 5, United States Code. During the pendency of any such 
litigation, all final determinations of the Administrator shall 
be effective for the purposes of this title unless stayed by 
the court for good cause shown.

           *       *       *       *       *       *       *


                         mitigation assistance

  Sec. 1366. (a) Authority.--The Administrator shall carry out 
a program to provide financial assistance to States and 
communities, using amounts made available from the National 
Flood Mitigation Fund under section 1367, for planning and 
carrying out activities designed to reduce the risk of flood 
damage to structures covered under contracts for flood 
insurance under this title. 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] repetitive-loss 
        properties; 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.
  (b) Eligibility for Mitigation Assistance.--To be eligible to 
receive financial assistance under this section for mitigation 
activities, a State or community shall develop, and have 
approved by the Administrator, a flood risk mitigation plan (in 
this section referred to as a ``mitigation plan''), that 
describes the mitigation activities to be carried out with 
assistance provided under this section, is consistent with the 
criteria established by the Administrator under section 1361, 
provides for reduction of flood losses to structures for which 
contracts for flood insurance are available under this title, 
and may be included in a multihazard mitigation plan. The 
mitigation plan shall be consistent with a comprehensive 
strategy for mitigation activities for the area affected by the 
mitigation plan, that has been adopted by the State or 
community following a public hearing.
  (c) Eligible Mitigation Activities.--
          (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 paragraph (4). 
        The Administrator shall provide assistance under this 
        section to the extent amounts are available in the 
        National Flood Mitigation Fund pursuant to 
        appropriation Acts, subject only to the absence of 
        approvable mitigation plans.
          (2) Requirements of technical feasibility, cost 
        effectiveness, and interest of national flood insurance 
        fund.--
                  (A) In general.--The Administrator may 
                approve only mitigation activities that the 
                Administrator determines--
                          (i) are technically feasible and 
                        cost-effective; or
                          (ii) will eliminate future payments 
                        from the National Flood Insurance Fund 
                        for severe [repetitive loss structures] 
                        multiple-loss properties through an 
                        acquisition or relocation activity.
                  (B) Considerations.--In making a 
                determination under subparagraph (A), the 
                Administrator shall take into consideration 
                recognized ancillary benefits.
          (3) Eligible activities.--Eligible activities under a 
        mitigation plan may include--
                  (A) demolition or relocation of any structure 
                located on land that is along the shore of a 
                lake or other body of water and is certified by 
                an appropriate State or local land use 
                authority to be subject to imminent collapse or 
                subsidence as a result of erosion or flooding;
                  (B) elevation, relocation, demolition, or 
                floodproofing of structures (including public 
                structures) located in areas having special 
                flood hazards or other areas of flood risk;
                  (C) acquisition by States and communities of 
                properties (including public properties) 
                located in areas having special flood hazards 
                or other areas of flood risk and properties 
                substantially damaged by flood, for public use, 
                as the Administrator determines is consistent 
                with sound land management and use in such 
                area;
                  (D) elevation, relocation, or floodproofing 
                of utilities (including equipment that serves 
                structures);
                  (E) minor physical mitigation efforts that do 
                not duplicate the flood prevention activities 
                of other Federal agencies and that lessen the 
                frequency or severity of flooding and decrease 
                predicted flood damages, which shall not 
                include major flood control projects such as 
                dikes, levees, seawalls, groins, and jetties 
                unless the Administrator specifically 
                determines in approving a mitigation plan that 
                such activities are the most cost-effective 
                mitigation activities for the National Flood 
                Mitigation Fund;
                  (F) the development or update of mitigation 
                plans by a State or community 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 community;
                  (G) the provision of technical assistance by 
                States to communities and individuals to 
                conduct eligible mitigation activities;
                  (H) other activities that the Administrator 
                considers appropriate and specifies in 
                regulation;
                  (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 
                or community; and
                  (J) without regard to the requirements under 
                paragraphs (1) and (2) of subsection (d), and 
                if the State applied for and was awarded at 
                least $1,000,000 in grants available under this 
                section in the prior fiscal year, 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 to any 1 State in any 
                fiscal year.
          (4) 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.
  (d) Matching Requirement.--The Administrator may provide 
grants for eligible mitigation activities as follows:
          (1) Severe [repetitive loss structures] repetitive-
        loss and extreme repetitive loss properties.--In the 
        case of mitigation activities to severe [repetitive 
        loss structures] repetitive-loss properties or extreme 
        repetitive-loss properties, in an amount up to--
                  (A) 100 percent of all eligible costs, if the 
                activities are approved under subsection 
                (c)(2)(A)(i); or
                  (A) the expected savings to the National 
                Flood Insurance Fund from expected avoided 
                damages through acquisition or relocation 
                activities, if the activities are approved 
                under subsection (c)(2)(A)(ii).
          (2)  [Repetitive loss structures] Repetitive-loss 
        properties.--In the case of mitigation activities to 
        [repetitive loss structures] repetitive-loss 
        properties, 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
  (e) Recapture.--
          (1) Noncompliance with plan.--If the Administrator 
        determines that a State or community that has received 
        mitigation assistance under this section has not 
        carried out the mitigation activities as set forth in 
        the mitigation plan, the Administrator shall recapture 
        any unexpended amounts and deposit the amounts in the 
        National Flood Mitigation Fund under section 1367.
          (2) Failure to provide matching funds.--If the 
        Administrator determines that a State or community that 
        has received mitigation assistance under this section 
        has not provided matching funds in the amount required 
        under subsection (d), the Administrator shall recapture 
        any unexpended amounts of mitigation assistance 
        exceeding the amount of such matching funds actually 
        provided and deposit the amounts in the National Flood 
        Mitigation Fund under section 1367.
  (f) Reports.--Not later than 1 year after the date of 
enactment of the Biggert-Waters Flood Insurance Reform Act of 
2012 and biennially thereafter, the Administrator shall submit 
a report to the Congress describing the status of mitigation 
activities carried out with assistance provided under this 
section.
  (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 the 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) 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 $5,000, and with the 
                        cumulative amount of such claims 
                        payments exceeding $20,000; 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.]

           *       *       *       *       *       *       *


        CHAPTER IV--APPROPRIATIONS AND MISCELLANEOUS PROVISIONS


                              definitions

  Sec. 1370. (a) As used in this title--
          (1) the term ``flood'' shall have such meaning as may 
        be prescribed in regulations of the Administrator, and 
        may include inundation from rising waters or from the 
        overflow of streams, rivers, or other bodies of water, 
        or from tidal surges, abnormally high tidal water, 
        tidal waves, tsunamis, hurricanes, or other severe 
        storms or deluge;
          (2) the terms ``United States'' (when used in a 
        geographic sense) and ``State'' includes the several 
        States, the District of Columbia, the territories and 
        possessions, the Commonwealth of Puerto Rico, and the 
        Trust Territory of the Pacific Islands;
          (3) the terms ``insurance company'', ``other 
        insurer'' and ``insurance agent or broker'' include any 
        organization or person that is authorized to engage in 
        the business of insurance under the laws of any State, 
        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) and 78o(d)), or 
        authorized by the Administrator to assume reinsurance 
        on risks insured by the flood insurance program;
          (4) the term ``insurance adjustment organization'' 
        includes any organizations and persons engaged in the 
        business of adjusting loss claims arising under 
        insurance policies issued by any insurance company or 
        other insurer;
          (5) the term ``person'' includes any individual or 
        group of individuals, corporation, partnership, 
        association, or any other organized group of persons, 
        including State and local governments and agencies 
        thereof;
          (6) the term ``Administrator'' means the 
        Administrator of the Federal Emergency Management 
        Agency;
          [(7) the term ``repetitive loss structure'' means a 
        structure covered by a contract for flood insurance 
        that--
                  [(A) has incurred flood-related damage on 2 
                occasions, in which the cost of repair, on the 
                average, equaled or exceeded 25 percent of the 
                value of the structure at the time of each such 
                flood event; and
                  [(B) at the time of the second incidence of 
                flood-related damage, the contract for flood 
                insurance contains increased cost of compliance 
                coverage.]
          (7) Multiple-loss property.--The term ``multiple-loss 
        property'' means any property that is a repetitive-loss 
        property, a severe repetitive-loss property, or an 
        extreme repetitive-loss property.
          (8) Repetitive-loss property.--The term ``repetitive-
        loss property'' means a structure that has incurred 
        flood-related damage for which 2 or more separate 
        claims payments of any amount in excess of the loss-
        deductible for damage to the covered structure have 
        been made under flood insurance coverage under this 
        title.
          (9) Severe repetitive-loss property.--The term 
        ``severe repetitive-loss property'' means a structure 
        that has incurred flood-related damage for which--
                  (A) 4 or more separate claims payments have 
                been made under flood insurance coverage under 
                this title, with the amount of each such claim 
                exceeding $5,000, and with the cumulative 
                amount of such claims payments exceeding 
                $20,000; or
                  (B) at least 2 separate claims payments have 
                been made under flood insurance coverage under 
                this title, with the cumulative amount of such 
                claims payments exceeding the value of the 
                structure.
          (10) Extreme repetitive-loss property.--The term 
        ``extreme repetitive-loss property'' means a structure 
        that has incurred flood-related damage for which at 
        least 2 separate claims have been made under flood 
        insurance coverage under this title, with the 
        cumulative amount of such claims payments exceeding 150 
        percent of the maximum coverage amount available for 
        the structure.
          [(8)] (11) the term ``Federal agency lender'' means a 
        Federal agency that makes direct loans secured by 
        improved real estate or a mobile home, to the extent 
        such agency acts in such capacity;
          [(9)] (12) the term ``Federal entity for lending 
        regulation'' means the Board of Governors of the 
        Federal Reserve System, the Federal Deposit Insurance 
        Corporation, the Comptroller of the Currency, the 
        National Credit Union Administration, and the Farm 
        Credit Administration, and with respect to a particular 
        regulated lending institution means the entity 
        primarily responsible for the supervision of the 
        institution;
          [(10)] (13) the term ``improved real estate'' means 
        real estate upon which a building is located;
          [(11)] (14) the term ``lender'' means a regulated 
        lending institution or Federal agency lender;
          [(12)] (15) the term ``natural and beneficial 
        floodplain functions'' means--
                  (A) the functions associated with the natural 
                or relatively undisturbed floodplain that (i) 
                moderate flooding, retain flood waters, reduce 
                erosion and sedimentation, and mitigate the 
                effect of waves and storm surge from storms, 
                and (ii) reduce flood related damage; and
                  (B) ancillary beneficial functions, including 
                maintenance of water quality and recharge of 
                ground water, that reduce flood related damage;
          [(13)] (16) the term ``regulated lending 
        institution'' means any bank, savings and loan 
        association, credit union, farm credit bank, Federal 
        land bank association, production credit association, 
        or similar institution subject to the supervision of a 
        Federal entity for lending regulation;
          [(14)] (17) the term ``servicer'' means the person 
        responsible for receiving any scheduled periodic 
        payments from a borrower pursuant to the terms of a 
        loan, including amounts for taxes, insurance premiums, 
        and other charges with respect to the property securing 
        the loan, and making the payments of principal and 
        interest and such other payments with respect to the 
        amounts received from the borrower as may be required 
        pursuant to the terms of the loan; and
          [(15)] (18) the term ``substantially damaged 
        structure'' means a structure covered by a contract for 
        flood insurance that has incurred damage for which the 
        cost of repair exceeds an amount specified in any 
        regulation promulgated by the Administrator, or by a 
        community ordinance, whichever is lower.
  (b) The term ``flood'' shall also include inundation from 
mudslides which are proximately caused by accumulations of 
water on or under the ground; and all of the provisions of this 
title shall apply with respect to such mudslides in the same 
manner and to the same extent as with respect to floods 
described in subsection (a)(1), subject to and in accordance 
with such regulations, modifying the provisions of this title 
(including the provisions relating to land management and use) 
to the extent necessary to insure that they can be effectively 
so applied, as the Administrator may prescribe to achieve (with 
respect to such mudslides) the purposes of this title and the 
objectives of the program.
  (c) The term ``flood'' shall also include the collapse or 
subsidence of land along the shore of a lake or other body of 
water as a result of erosion or undermining caused by waves or 
currents of water exceeding anticipated cyclical levels, and 
all of the provisions of this title shall apply with respect to 
such collapse or subsidence in the same manner and to the same 
extent as with respect to floods described in subsection 
(a)(1), subject to and in accordance with such regulations, 
modifying the provisions of this title (including the 
provisions relating to land management and use) to the extent 
necessary to insure that they can be effectively so applied, as 
the Administrator may prescribe to achieve (with respect to 
such collapse or subsidence) the purposes of this title and the 
objectives of the program.

           *       *       *       *       *       *       *

                              ----------                              


                 FLOOD DISASTER PROTECTION ACT OF 1973




           *       *       *       *       *       *       *
TITLE I--EXPANSION OF NATIONAL FLOOD INSURANCE PROGRAM

           *       *       *       *       *       *       *



    flood insurance purchase and compliance requirements and escrow 
                                accounts

  Sec. 102. (a) After the expiration of sixty days following 
the date of enactment of this Act, no Federal officer or agency 
shall approve any financial assistance for acquisition or 
construction purposes for use in any area that has been 
identified by the Administrator as an area having special flood 
hazards and in which the sale of flood insurance has been made 
available under the National Flood Insurance Act of 1968, 
unless the building or mobile home and any personal property to 
which such financial assistance relates is covered by flood 
insurance in an amount at least equal to its development or 
project cost (less estimated land cost) or to the maximum limit 
of coverage made available with respect to the particular type 
of property under the National Flood Insurance Act of 1968, 
whichever is less: Provided, That if the financial assistance 
provided is in the form of a loan or an insurance or guaranty 
of a loan, the amount of flood insurance required need not 
exceed the outstanding principal balance of the loan and need 
not be required beyond the term of the loan. The requirement of 
maintaining flood insurance shall apply during the life of the 
property, regardless of transfer of ownership of such property.
  (b) Requirement for Mortgage Loans.--
          (1) Regulated lending institutions.--Each Federal 
        entity for lending regulation (after consultation and 
        coordination with the Financial Institutions 
        Examination Council established under the Federal 
        Financial Institutions Examination Council Act of 1974) 
        shall by regulation direct regulated lending 
        institutions--
                  (A) not to make, increase, extend, or renew 
                any loan secured by improved real estate or a 
                mobile home located or to be located in an area 
                that has been identified by the Administrator 
                as an area having special flood hazards and in 
                which flood insurance has been made available 
                under the National Flood Insurance Act of 1968, 
                unless the building or mobile home and any 
                personal property securing such loan is covered 
                for the term of the loan by flood insurance in 
                an amount at least equal to the outstanding 
                principal balance of the loan or the maximum 
                limit of coverage made available under the Act 
                with respect to the particular type of 
                property, whichever is less; and
                  (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) Federal agency lenders.--A Federal agency lender 
        may not make, increase, extend, or renew any loan 
        secured by improved real estate or a mobile home 
        located or to be located in an area that has been 
        identified by the Administrator as an area having 
        special flood hazards and in which flood insurance has 
        been made available under the National Flood Insurance 
        Act of 1968, unless the building or mobile home and any 
        personal property securing such loan is covered for the 
        term of the loan by flood insurance in the amount 
        provided in paragraph (1)(A). 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. Each Federal agency lender shall issue 
        any regulations necessary to carry out this paragraph. 
        Such regulations shall be consistent with and 
        substantially identical to the regulations issued under 
        paragraph (1)(A).
          (3) Government-sponsored enterprises for housing.--
        The Federal National Mortgage Association and the 
        Federal Home Loan Mortgage Corporation shall implement 
        procedures reasonably designed to ensure that, for any 
        loan that is--
                  (A) secured by improved real estate or a 
                mobile home located in an area that has been 
                identified, at the time of the origination of 
                the loan or at any time during the term of the 
                loan, by the Administrator as an area having 
                special flood hazards and in which flood 
                insurance is available under the National Flood 
                Insurance Act of 1968, and
                  (B) purchased by such entity,
        the building or mobile home and any personal property 
        securing the loan is covered for the term of the loan 
        by flood insurance in the amount provided in paragraph 
        (1)(A). 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 paragraph (1)(A) 
        if the flood insurance coverage provided by such 
        private flood insurance meets the requirements for 
        coverage under such paragraph and any requirements 
        established by the Federal National Mortgage 
        Association or the Federal Home Loan Mortgage 
        Corporation, respectively, relating to the financial 
        solvency, strength, or claims-paying ability of private 
        insurance companies from which the Federal National 
        Mortgage Association or the Federal Home Loan Mortgage 
        Corporation will accept private flood insurance.
          (4) Applicability.--
                  (A) Existing coverage.--Except as provided in 
                subparagraph (B), paragraph (1) shall apply on 
                the date of enactment of the Riegle Community 
                Development and Regulatory Improvement Act of 
                1994.
                  (B) New coverage.--Paragraphs (2) and (3) 
                shall apply only with respect to any loan made, 
                increased, extended, or renewed after the 
                expiration of the 1-year period beginning on 
                the date of enactment of the Riegle Community 
                Development and Regulatory Improvement Act of 
                1994. Paragraph (1) shall apply with respect to 
                any loan made, increased, extended, or renewed 
                by any lender supervised by the Farm Credit 
                Administration only after the expiration of the 
                period under this subparagraph.
                  (C) Continued effect of regulations.--
                Notwithstanding any other provision of this 
                subsection, the regulations to carry out 
                paragraph (1), as in effect immediately before 
                the date of enactment of the Riegle Community 
                Development and Regulatory Improvement Act of 
                1994, shall continue to apply until the 
                regulations issued to carry out paragraph (1) 
                as amended by section 522(a) of such Act take 
                effect.
          (5) Rule of construction.--Nothing in this subsection 
        shall be construed to supersede or limit the authority 
        of a Federal entity for lending regulation, the Federal 
        Housing Finance Agency, a Federal agency lender, the 
        Federal National Mortgage Association, or the Federal 
        Home Loan Mortgage Corporation to establish 
        requirements relating to the financial solvency, 
        strength, or claims-paying ability of private insurance 
        companies from which the entity or agency will accept 
        private flood insurance.
          (6) Notice.--
                  (A) In general.--Each lender shall disclose 
                to a borrower that is subject to this 
                subsection that--
                          (i) flood insurance is available from 
                        private insurance companies that issue 
                        standard flood insurance policies on 
                        behalf of the national flood insurance 
                        program or directly from the national 
                        flood insurance program;
                          (ii) flood insurance that provides 
                        the same level of coverage as a 
                        standard flood insurance policy under 
                        the national flood insurance program 
                        may be available from a private 
                        insurance company that issues policies 
                        on behalf of the company; and
                          (iii) the borrower is encouraged to 
                        compare the flood insurance coverage, 
                        deductibles, exclusions, conditions and 
                        premiums associated with flood 
                        insurance policies issued on behalf of 
                        the national flood insurance program 
                        and policies issued on behalf of 
                        private insurance companies and to 
                        direct inquiries regarding the 
                        availability, cost, and comparisons of 
                        flood insurance coverage to an 
                        insurance agent.
                  (B) Rule of construction.--Nothing in this 
                paragraph shall be construed as affecting or 
                otherwise limiting the authority of a Federal 
                entity for lending regulation to approve any 
                disclosure made by a regulated lending 
                institution for purposes of complying with 
                subparagraph (A).
          (7) Private flood insurance defined.--In this 
        subsection, the term ``private flood insurance'' means 
        an insurance policy that--
                  (A) is issued by an insurance company that 
                is--
                          (i) licensed, admitted, or otherwise 
                        approved to engage in the business of 
                        insurance in the State or jurisdiction 
                        in which the insured building is 
                        located, by the insurance regulator of 
                        that State or jurisdiction; or
                          (ii) in the case of a policy of 
                        difference in conditions, multiple 
                        peril, all risk, or other blanket 
                        coverage insuring nonresidential 
                        commercial property, is recognized, or 
                        not disapproved, as a surplus lines 
                        insurer by the insurance regulator of 
                        the State or jurisdiction where the 
                        property to be insured is located;
                  (B) provides flood insurance coverage which 
                is at least as broad as the coverage provided 
                under a standard flood insurance policy under 
                the national flood insurance program, including 
                when considering deductibles, exclusions, and 
                conditions offered by the insurer;
                  (C) includes--
                          (i) a requirement for the insurer to 
                        give 45 days' written notice of 
                        cancellation or non-renewal of flood 
                        insurance coverage to--
                                  (I) the insured; and
                                  (II) the regulated lending 
                                institution or Federal agency 
                                lender;
                          (ii) information about the 
                        availability of flood insurance 
                        coverage under the national flood 
                        insurance program;
                          (iii) a mortgage interest clause 
                        similar to the clause contained in a 
                        standard flood insurance policy under 
                        the national flood insurance program; 
                        and
                          (iv) a provision requiring an insured 
                        to file suit not later than 1 year 
                        after date of a written denial of all 
                        or part of a claim under the policy; 
                        and
                  (D) contains cancellation provisions that are 
                as restrictive as the provisions contained in a 
                standard flood insurance policy under the 
                national flood insurance program.
  (c) Exceptions to Purchase Requirements.--
          (1) State-owned property.--Notwithstanding the other 
        provisions of this section, flood insurance shall not 
        be required on any State-owned property that is covered 
        under an adequate State policy of self-insurance 
        satisfactory to the Administrator. The Administrator 
        shall publish and periodically revise the list of 
        States to which this subsection applies.
          (2) Small loans.--Notwithstanding any other provision 
        of this section, subsections (a) and (b) shall not 
        apply to any loan having--
                  (A) an original outstanding principal balance 
                of [$5,000] $25,000 or less; and
                  (B) a repayment term of 1 year or less.
          (3) Detached structures.--Notwithstanding any other 
        provision of this section, flood insurance shall not be 
        required, in the case of any residential property, for 
        any structure that is a part of such property but is 
        detached from the primary residential structure of such 
        property and does not serve as a residence.
  (d) Escrow of Flood Insurance Payments.--
          (1) Regulated lending institutions.--
                  (A) Federal entities responsible for lending 
                regulations.--Each Federal entity for lending 
                regulation (after consultation and coordination 
                with the Federal Financial Institutions 
                Examination Council) shall, by regulation, 
                direct that all premiums and fees for flood 
                insurance under the National Flood Insurance 
                Act of 1968, for residential improved real 
                estate or a mobile home, shall be paid to the 
                regulated lending institution or servicer for 
                any loan secured by the residential improved 
                real estate or mobile home, with the same 
                frequency as payments on the loan are made, for 
                the duration of the loan. Except as provided in 
                subparagraph (B), upon receipt of any premiums 
                or fees, the regulated lending institution or 
                servicer shall deposit such premiums and fees 
                in an escrow account on behalf of the borrower. 
                Upon receipt of a notice from the Administrator 
                or the provider of the flood insurance that 
                insurance premiums are due, the premiums 
                deposited in the escrow account shall be paid 
                to the provider of the flood insurance.
                  (B) Limitation.--Except as may be required 
                under applicable State law, a Federal entity 
                for lending regulation may not direct or 
                require a regulated lending institution to 
                deposit premiums or fees for flood insurance 
                under the National Flood Insurance Act of 1968 
                in an escrow account on behalf of a borrower 
                under subparagraph (A)--
                          (i) if--
                                  (I) the regulated lending 
                                institution has total assets of 
                                less than $1,000,000,000; and
                                  (II) on or before the date of 
                                enactment of the Biggert-Waters 
                                Flood Insurance Reform Act of 
                                2012, the regulated lending 
                                institution--
                                          (aa) in the case of a 
                                        loan secured by 
                                        residential improved 
                                        real estate or a mobile 
                                        home, was not required 
                                        under Federal or State 
                                        law to deposit taxes, 
                                        insurance premiums, 
                                        fees, or any other 
                                        charges in an escrow 
                                        account for the entire 
                                        term of the loan; and
                                          (bb) did not have a 
                                        policy of consistently 
                                        and uniformly requiring 
                                        the deposit of taxes, 
                                        insurance premiums, 
                                        fees, or any other 
                                        charges in an escrow 
                                        account for loans 
                                        secured by residential 
                                        improved real estate or 
                                        a mobile home; or
                          (ii) in the case of a loan that--
                                  (I) is in a junior or 
                                subordinate position to a 
                                senior lien secured by the same 
                                residential improved real 
                                estate or mobile home for which 
                                flood insurance is being 
                                provided at the time of the 
                                origination of the loan;
                                  (II) is secured by 
                                residential improved real 
                                estate or a mobile home that is 
                                part of a condominium, 
                                cooperative, or other project 
                                development, if the residential 
                                improved real estate or mobile 
                                home is covered by a flood 
                                insurance policy that--
                                          (aa) meets the 
                                        requirements that the 
                                        regulated lending 
                                        institution is required 
                                        to enforce under 
                                        subsection (b)(1);
                                          (bb) is provided by 
                                        the condominium 
                                        association, 
                                        cooperative, homeowners 
                                        association, or other 
                                        applicable group; and
                                          (cc) the premium for 
                                        which is paid by the 
                                        condominium 
                                        association, 
                                        cooperative, homeowners 
                                        association, or other 
                                        applicable group as a 
                                        common expense;
                                  (III) is secured by 
                                residential improved real 
                                estate or a mobile home that is 
                                used as collateral for a 
                                business purpose;
                                  (IV) is a home equity line of 
                                credit;
                                  (V) is a nonperforming loan; 
                                or
                                  (VI) has a term of not longer 
                                than 12 months.
          (2) Federal agency lenders.--Each Federal agency 
        lender shall by regulation require and provide for 
        escrow and payment of any flood insurance premiums and 
        fees relating to residential improved real estate and 
        mobile homes securing loans made by the Federal agency 
        lender under the circumstances and in the manner 
        provided under paragraph (1). Any regulations issued 
        under this paragraph shall be consistent with and 
        substantially identical to the regulations issued under 
        paragraph (1).
          (3) Applicability of respa.--Escrow accounts 
        established pursuant to this subsection shall be 
        subject to the provisions of section 10 of the Real 
        Estate Settlement Procedures Act of 1974.
          (4) Definition.--For purposes of this subsection, the 
        term ``residential improved real estate'' means 
        improved real estate for which the improvement is a 
        residential building.
          (5) Applicability.--This subsection shall apply only 
        with respect to any loan made, increased, extended, or 
        renewed after the expiration of the 1-year period 
        beginning on the date of enactment of the Riegle 
        Community Development and Regulatory Improvement Act of 
        1994.
  (e) Placement of Flood Insurance by Lender.--
          (1) Notification to borrower of lack of coverage.--
        If, at the time of origination or at any time during 
        the term of a loan secured by improved real estate or 
        by a mobile home located in an area that has been 
        identified by the Administrator (at the time of the 
        origination of the loan or at any time during the term 
        of the loan) as an area having special flood hazards 
        and in which flood insurance is available under the 
        National Flood Insurance Act of 1968, the lender or 
        servicer for the loan determines that the building or 
        mobile home and any personal property securing the loan 
        is not covered by flood insurance or is covered by such 
        insurance in an amount less than the amount required 
        for the property pursuant to paragraph (1), (2), or (3) 
        of subsection (b), the lender or servicer shall notify 
        the borrower under the loan that the borrower should 
        obtain, at the borrower's expense, an amount of flood 
        insurance for the building or mobile home and such 
        personal property that is not less than the amount 
        under subsection (b)(1), for the term of the loan.
          (2) Purchase of coverage on behalf of borrower.--If 
        the borrower fails to purchase such flood insurance 
        within 45 days after notification under paragraph (1), 
        the lender or servicer for the loan shall purchase the 
        insurance on behalf of the borrower and may charge the 
        borrower for the cost of premiums and fees incurred by 
        the lender or servicer for the loan in purchasing the 
        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.
          (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 any insurance purchased by the 
                lender or servicer under paragraph (2); and
                  (B) refund to the borrower all premiums paid 
                by the borrower for any insurance purchased by 
                the lender or servicer under paragraph (2) 
                during any period during which the borrower's 
                flood insurance coverage and the insurance 
                coverage purchased by the lender or servicer 
                were each in effect, and any related fees 
                charged to the borrower with respect to the 
                insurance purchased by the lender or servicer 
                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.
          (5) Review of determination regarding required 
        purchase.--
                  (A) In general.--The borrower and lender for 
                a loan secured by improved real estate or a 
                mobile home may jointly request the 
                Administrator to review a determination of 
                whether the building or mobile home is located 
                in an area having special flood hazards. Such 
                request shall be supported by technical 
                information relating to the improved real 
                estate or mobile home. Not later than 45 days 
                after the Administrator receives the request, 
                the Administrator shall review the 
                determination and provide to the borrower and 
                the lender with a letter stating whether or not 
                the building or mobile home is in an area 
                having special flood hazards. The determination 
                of the Administrator shall be final.
                  (B) Effect of determination.--Any person to 
                whom a borrower provides a letter issued by the 
                Administrator pursuant to subparagraph (A), 
                stating that the building or mobile home 
                securing the loan of the borrower is not in an 
                area having special flood hazards, shall have 
                no obligation under this title to require the 
                purchase of flood insurance for such building 
                or mobile home during the period determined by 
                the Administratorwhich shall be specified in 
                the letter and shall begin on the date on which 
                such letter is provided.
                  (C) Effect of failure to respond.--If a 
                request under subparagraph (A) is made in 
                connection with the origination of a loan and 
                the Administrator fails to provide a letter 
                under subparagraph (A) before the later of (i) 
                the expiration of the 45-day period under such 
                subparagraph, or (ii) the closing of the loan, 
                no person shall have an obligation under this 
                title to require the purchase of flood 
                insurance for the building or mobile home 
                securing the loan until such letter is 
                provided.
          (6) Applicability.--This subsection shall apply to 
        all loans outstanding on or after the date of enactment 
        of the Riegle Community Development and Regulatory 
        Improvement Act of 1994.
  (f) Civil Monetary Penalties for Failure To Require Flood 
Insurance or Notify.--
          (1) Civil monetary penalties against regulated 
        lenders.--Any regulated lending institution that is 
        found to have a pattern or practice of committing 
        violations under paragraph (2) shall be assessed a 
        civil penalty by the appropriate Federal entity for 
        lending regulation in the amount provided under 
        paragraph (5).
          (2) Lender violations.--The violations referred to in 
        paragraph (1) shall include--
                  (A) making, increasing, extending, or 
                renewing loans in violation of--
                          (i) the regulations issued pursuant 
                        to subsection (b) of this section;
                          (ii) the escrow requirements under 
                        subsection (d) of this section; or
                          (iii) the notice requirements under 
                        section 1364 of the National Flood 
                        Insurance Act of 1968; or
                  (B) failure to provide notice or purchase 
                flood insurance coverage in violation of 
                subsection (e) of this section.
          (3) Civil monetary penalties against gse's.--
                  (A) In general.--If the Federal National 
                Mortgage Association or the Federal Home Loan 
                Mortgage Corporation is found by the Director 
                of the Federal Housing Finance Agency to have a 
                pattern or practice of purchasing loans in 
                violation of the procedures established 
                pursuant to subsection (b)(3), the Director of 
                such Office shall assess a civil penalty 
                against such enterprise in the amount provided 
                under paragraph (5) of this subsection.
                  (B) Definition.--For purposes of this 
                subsection, the term ``enterprise'' means the 
                Federal National Mortgage Association or the 
                Federal Home Loan Mortgage Corporation.
          (4) Notice and hearing.--A penalty under this 
        subsection may be issued only after notice and an 
        opportunity for a hearing on the record.
          (5) Amount.--A civil monetary penalty under this 
        subsection may not exceed $2,000 for each violation 
        under paragraph (2) or paragraph (3).
          (6) Lender compliance.--Notwithstanding any State or 
        local law, for purposes of this subsection, any 
        regulated lending institution that purchases flood 
        insurance or renews a contract for flood insurance on 
        behalf of or as an agent of a borrower of a loan for 
        which flood insurance is required shall be considered 
        to have complied with the regulations issued under 
        subsection (b).
          (7) Effect of transfer on liability.--Any sale or 
        other transfer of a loan by a regulated lending 
        institution that has committed a violation under 
        paragraph (1), that occurs subsequent to the violation, 
        shall not affect the liability of the transferring 
        lender with respect to any penalty under this 
        subsection. A lender shall not be liable for any 
        violations relating to a loan committed by another 
        regulated lending institution that previously held the 
        loan.
          (8) Deposit of penalties.--Any penalties collected 
        under this subsection shall be paid into the National 
        Flood Mitigation Fund under section 1367 of the 
        National Flood Insurance Act of 1968.
          (9) Additional penalties.--Any penalty under this 
        subsection shall be in addition to any civil remedy or 
        criminal penalty otherwise available.
          (10) Statute of limitations.--No penalty may be 
        imposed under this subsection after the expiration of 
        the 4-year period beginning on the date of the 
        occurrence of the violation for which the penalty is 
        authorized under this subsection.
  (g) Other Actions To Remedy Pattern of Noncompliance.--
          (1) Authority of federal entities for lending 
        regulation.--A Federal entity for lending regulation 
        may require a regulated lending institution to take 
        such remedial actions as are necessary to ensure that 
        the regulated lending institution complies with the 
        requirements of the national flood insurance program if 
        the Federal agency for lending regulation makes a 
        determination under paragraph (2) regarding the 
        regulated lending institution.
          (2) Determination of violations.--A determination 
        under this paragraph shall be a finding that--
                  (A) the regulated lending institution has 
                engaged in a pattern and practice of 
                noncompliance in violation of the regulations 
                issued pursuant to subsection (b), (d), or (e) 
                or the notice requirements under section 1364 
                of the National Flood Insurance Act of 1968; 
                and
                  (B) the regulated lending institution has not 
                demonstrated measurable improvement in 
                compliance despite the assessment of civil 
                monetary penalties under subsection (f).
  (h) Fee for Determining Location.--Notwithstanding any other 
Federal or State law, any person who makes a loan secured by 
improved real estate or a mobile home or any servicer for such 
a loan may charge a reasonable fee for the costs of determining 
whether the building or mobile home securing the loan is 
located in an area having special flood hazards, but only in 
accordance with the following requirements:
          (1) Borrower fee.--The borrower under such a loan may 
        be charged the fee, but only if the determination--
                  (A) is made pursuant to the making, 
                increasing, extending, or renewing of the loan 
                that is initiated by the borrower;
                  (B) is made pursuant to a revision or 
                updating under section 1360(f) of the 
                floodplain areas and flood-risk zones or 
                publication of a notice or compendia under 
                subsection (h) or (i) of section 1360 that 
                affects the area in which the improved real 
                estate or mobile home securing the loan is 
                located or that, in the determination of the 
                Administrator, may reasonably be considered to 
                require a determination under this subsection; 
                or
                  (C) results in the purchase of flood 
                insurance coverage pursuant to the requirement 
                under subsection (e)(2).
          (2) Purchaser or transferee fee.--The purchaser or 
        transferee of such a loan may be charged the fee in the 
        case of sale or transfer of the loan.

           *       *       *       *       *       *       *

                              ----------                              


           BIGGERT-WATERS FLOOD INSURANCE REFORM ACT OF 2012




           *       *       *       *       *       *       *
DIVISION F--MISCELLANEOUS

           *       *       *       *       *       *       *


                       TITLE II--FLOOD INSURANCE

Subtitle A--Flood Insurance Reform and Modernization

           *       *       *       *       *       *       *


SEC. 100215. 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 Director of the United States 
                Geological Survey;
                  [(A)] (B) the Administrator (or the designee 
                thereof);
                  [(B)] (C) the Secretary of the Interior (or 
                the designee thereof);
                  [(C)] (D) the Secretary of Agriculture (or 
                the designee thereof);
                  [(D)] (E) the Under Secretary of Commerce for 
                Oceans and Atmosphere (or the designee 
                thereof); and
                  [(E) 16] (F) 17 additional members appointed 
                by the Administrator or the designee of the 
                Administrator, who shall be--
                          (i) a member of a recognized 
                        professional surveying association or 
                        organization;
                          (ii) a member of a recognized 
                        professional mapping association or 
                        organization;
                          (iii) a member of a recognized 
                        professional engineering association or 
                        organization;
                          (iv) a member of a recognized 
                        professional association or 
                        organization representing flood hazard 
                        determination firms;
                          (v) a representative of the United 
                        States Geological Survey;
                          (vi) a representative of a recognized 
                        professional association or 
                        organization representing State 
                        geographic information;
                          (vii) a representative of State 
                        national flood insurance coordination 
                        offices;
                          (viii) a representative of the Corps 
                        of Engineers;
                          (ix) a member of a recognized 
                        regional flood and storm water 
                        management organization;
                          (x) 2 representatives of different 
                        State government agencies that have 
                        entered into cooperating technical 
                        partnerships with the Administrator and 
                        have demonstrated the capability to 
                        produce flood insurance rate maps;
                          (xi) 2 representatives of different 
                        local government agencies that have 
                        entered into cooperating technical 
                        partnerships with the Administrator and 
                        have demonstrated the capability to 
                        produce flood insurance maps;
                          (xii) a member of a recognized 
                        floodplain management association or 
                        organization;
                          (xiii) a member of a recognized risk 
                        management association or organization; 
                        [and]
                          (xiv) a State mitigation officer[.]; 
                        and
                          (xv) a member of a recognized 
                        professional real estate brokerage 
                        association.
          (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)(E), the Administrator shall, to the 
        maximum extent practicable, ensure that the membership 
        of the Council has a balance of Federal, State, local, 
        tribal, and private members, and includes geographic 
        diversity, including representation from areas with 
        coastline on the Gulf of Mexico and other States 
        containing areas identified by the Administrator as at 
        high risk for flooding or as areas having special flood 
        hazards.
  (c) Duties.--The Council shall--
          (1) recommend to the Administrator how to improve in 
        a cost-effective manner the--
                  (A) accuracy, general quality, ease of use, 
                and distribution and dissemination of flood 
                insurance rate maps and risk data; and
                  (B) performance metrics and milestones 
                required to effectively and efficiently map 
                flood risk areas in the United States;
          (2) recommend to the Administrator mapping standards 
        and guidelines for--
                  (A) flood insurance rate maps; and
                  (B) data accuracy, data quality, data 
                currency, and data eligibility;
          (3) recommend to the Administrator how to maintain, 
        on an ongoing basis, flood insurance rate maps and 
        flood risk identification;
          (4) recommend procedures for delegating mapping 
        activities to State and local mapping partners;
          (5) recommend to the Administrator and other Federal 
        agencies participating in the Council--
                  (A) methods for improving interagency and 
                intergovernmental coordination on flood mapping 
                and flood risk determination; and
                  (B) a funding strategy to leverage and 
                coordinate budgets and expenditures across 
                Federal agencies; and
          (6) submit an annual report to the Administrator that 
        contains--
                  (A) a description of the activities of the 
                Council;
                  (B) an evaluation of the status and 
                performance of flood insurance rate maps and 
                mapping activities to revise and update flood 
                insurance rate maps, as required under section 
                100216; and
                  (C) a summary of recommendations made by the 
                Council to the Administrator.
  (d) Future Conditions Risk Assessment and Modeling Report.--
          (1) In general.--The Council shall consult with 
        scientists and technical experts, other Federal 
        agencies, States, and local communities to--
                  (A) develop recommendations on how to--
                          (i) ensure that flood insurance rate 
                        maps incorporate the best available 
                        climate science to assess flood risks; 
                        and
                          (ii) ensure that the Federal 
                        Emergency Management Agency uses the 
                        best available methodology to consider 
                        the impact of--
                                  (I) the rise in the sea 
                                level; and
                                  (II) future development on 
                                flood risk; and
                  (B) not later than 1 year after the date of 
                enactment of this Act, prepare written 
                recommendations in a future conditions risk 
                assessment and modeling report and to submit 
                such recommendations to the Administrator.
          (2) Responsibility of the administrator.--The 
        Administrator, as part of the ongoing program to review 
        and update National Flood Insurance Program rate maps 
        under section 100216, shall incorporate any future risk 
        assessment submitted under paragraph (1)(B) in any such 
        revision or update.
  (e) Chairperson.--The members of the Council shall elect 1 
member to serve as the chairperson of the Council (in this 
section referred to as the ``Chairperson'').
  (f) Coordination.--To ensure that the Council's 
recommendations are consistent, to the maximum extent 
practicable, with national digital spatial data collection and 
management standards, the Chairperson shall consult with the 
Chairperson of the Federal Geographic Data Committee 
(established pursuant to Office of Management and Budget 
Circular A-16).
  (g) Compensation.--Members of the Council shall receive no 
additional compensation by reason of their service on the 
Council.
  (h) Meetings and Actions.--
          (1) In general.--The Council shall meet not less 
        frequently than twice each year at the request of the 
        Chairperson or a majority of its members, and may take 
        action by a vote of the majority of the members.
          (2) Initial meeting.--The Administrator, or a person 
        designated by the Administrator, shall request and 
        coordinate the initial meeting of the Council.
  (i) Officers.--The Chairperson may appoint officers to assist 
in carrying out the duties of the Council under subsection (c).
  (j) Staff.--
          (1) Staff of fema.--Upon the request of the 
        Chairperson, 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) Staff of other federal agencies.--Upon request of 
        the Chairperson, any other Federal agency that is a 
        member of the Council may detail, on a nonreimbursable 
        basis, personnel to assist the Council in carrying out 
        its duties.
  (k) Powers.--In carrying out this section, the Council may 
hold hearings, receive evidence and assistance, provide 
information, and conduct research, as it considers appropriate.
  (l) Report to Congress.--The Administrator, on an annual 
basis, shall report to the Committee on Banking, Housing, and 
Urban Affairs of the Senate, the Committee on Financial 
Services of the House of Representatives, and the Office of 
Management and Budget on the--
          (1) recommendations made by the Council;
          (2) actions taken by the Federal Emergency Management 
        Agency to address such recommendations to improve flood 
        insurance rate maps and flood risk data; and
          (3) any recommendations made by the Council that have 
        been deferred or not acted upon, together with an 
        explanatory statement.

SEC. 100216. NATIONAL FLOOD MAPPING PROGRAM.

  (a) Reviewing, Updating, and Maintaining Maps.--The 
Administrator, in coordination with the Technical Mapping 
Advisory Council established under section 100215, shall 
establish an ongoing program under which the Administrator 
shall review, update, and maintain National Flood Insurance 
Program rate maps in accordance with this section.
  (b) Mapping.--
          (1) In general.--In carrying out the program 
        established under subsection (a), the Administrator 
        shall--
                  (A) identify, review, update, maintain, and 
                publish National Flood Insurance Program rate 
                maps with respect to--
                          (i) all populated areas and areas of 
                        possible population growth located 
                        within the 100-year floodplain;
                          (ii) all populated areas and areas of 
                        possible population growth located 
                        within the 500-year floodplain;
                          (iii) areas of residual risk, 
                        including areas that are protected by 
                        levees, dams, and other flood control 
                        structures;
                          (iv) areas that could be inundated as 
                        a result of the failure of a levee, 
                        dam, or other flood control structure;
                          (v) areas that are protected by non-
                        structural flood mitigation features; 
                        [and]
                          (vi) all areas of the United States; 
                        and
                          [(vi)] (vii) the level of protection 
                        provided by flood control structures 
                        and by non-structural flood mitigation 
                        features;
                  (B) as soon as practicable--
                          (i) modernize the flood mapping 
                        inventory for communities for which the 
                        National Flood Insurance Program rate 
                        maps have not been modernized; and
                          (ii) in coordination with 
                        communities, utilize the digital 
                        display environment established under 
                        subsection (f)(1)(A) to produce, store, 
                        and disseminate any flood hazard data, 
                        models, and maps generated under clause 
                        (i) while ensuring that the flood 
                        mapping inventory described in that 
                        clause may be printed in order to carry 
                        out--
                                  (I) floodplain management 
                                programs under the National 
                                Flood Insurance Act of 1968 (42 
                                U.S.C. 4001 et seq.); and
                                  (II) other purposes of the 
                                National Flood Insurance 
                                Program;
                  [(B)] (C) establish or update flood-risk zone 
                data in all such areas, and make estimates with 
                respect to the rates of probable flood caused 
                loss for the various flood risk zones for each 
                such area; [and]
                  [(C)] (D) use, in identifying, reviewing, 
                updating, maintaining, or publishing any 
                National Flood Insurance Program rate map 
                required under this section or under the 
                National Flood Insurance Act of 1968 (42 U.S.C. 
                4011 et seq.), the most accurate topography 
                [and] elevation data available[.], and 
                including the most current and most appropriate 
                remote sensing or other geospatial mapping 
                technology;
                  (E) when appropriate, partner with other 
                Federal agencies, States, communities, and 
                private entities in order to meet the 
                objectives of the program; and
                  (F) when appropriate, consult and coordinate 
                with the Secretary of Defense, the Director of 
                the United States Geological Survey, and the 
                Administrator of the National Oceanic and 
                Atmospheric Administration to obtain the most 
                up-to-date maps and other information of those 
                agencies, including information relating to 
                topography, water flow, watershed 
                characteristics, and any other issues that are 
                relevant to identifying, reviewing, updating, 
                maintaining, and publishing National Flood 
                Insurance Program rate maps.
          (2) Mapping elements.--Each map updated under this 
        section shall--
                  (A) assess the accuracy of current ground 
                elevation data used for hydrologic and 
                hydraulic modeling of flooding sources and 
                mapping of the flood hazard and wherever 
                necessary acquire new ground elevation data 
                utilizing the most up-to-date geospatial 
                technologies in accordance with guidelines and 
                specifications of the Federal Emergency 
                Management Agency; and
                  (B) develop National Flood Insurance Program 
                flood data on a watershed basis--
                          (i) to provide the most technically 
                        effective and efficient studies and 
                        hydrologic and hydraulic modeling; and
                          (ii) to eliminate, to the maximum 
                        extent possible, discrepancies in base 
                        flood elevations between adjacent 
                        political subdivisions.
          (3) Other inclusions.--In updating maps under this 
        section, the Administrator shall include--
                  (A) any relevant information on coastal 
                inundation from--
                          (i) an applicable inundation map of 
                        the Corps of Engineers; and
                          (ii) data of the National Oceanic and 
                        Atmospheric Administration relating to 
                        storm surge modeling;
                  (B) any relevant information of the United 
                States Geological Survey on stream flows, 
                watershed characteristics, and topography that 
                is useful in the identification of flood hazard 
                areas, as determined by the Administrator;
                  (C) any relevant information on land 
                subsidence, coastal erosion areas, changing 
                lake levels, and other flood-related hazards;
                  (D) any relevant information or data of the 
                National Oceanic and Atmospheric Administration 
                and the United States Geological Survey 
                relating to the best available science 
                regarding future changes in sea levels, 
                precipitation, and intensity of hurricanes; 
                [and]
                  (E) any other relevant information as may be 
                recommended by the Technical Mapping Advisory 
                Committee[.]; and
                  (F) cadastral features, including, for each 
                cadastral feature--
                          (i) the associated parcel 
                        identification data for such cadastral 
                        feature; and
                          (ii) to the maximum extent 
                        practicable, using public and private 
                        sector address data, the address of 
                        such cadastral feature.
  (c) Standards.--In updating and maintaining maps under this 
section, the Administrator shall--
          (1) establish standards to--
                  (A) ensure that maps are adequate for--
                          (i) flood risk determinations; and
                          (ii) use by State and local 
                        governments in managing development to 
                        reduce the risk of flooding; and
                  (B) facilitate identification and use of 
                consistent methods of data collection and 
                analysis by the Administrator, in conjunction 
                with State and local governments, in developing 
                maps for communities with similar flood risks, 
                as determined by the Administrator; and
          (2) publish maps in a format that is--
                  (A) digital geospatial data compliant;
                  (B) compliant with the open publishing and 
                data exchange standards established by the Open 
                Geospatial Consortium; [and]
                  (C) aligned with official data defined by the 
                National Geodetic Survey[.]; and
                  (D) spatially accurate in accordance with the 
                common protocols for geospatial data under 
                section 757 of the Geospatial Data Act of 2018 
                (43 U.S.C. 2806).
  (d) Communication and Outreach.--
          (1) In general.--The Administrator shall--
                  (A) before commencement of any mapping or map 
                updating process, notify each community 
                affected of the model or models that the 
                Administrator plans to use in such process and 
                provide an explanation of why such model or 
                models are appropriate;
                  (B) provide each community affected a maximum 
                30-day period beginning upon notification under 
                subparagraph (A) to consult with the 
                Administrator regarding the appropriateness, 
                with respect to such community, of the mapping 
                model or models to be used; provided that 
                consultation by a community pursuant to this 
                subparagraph shall not waive or otherwise 
                affect any right of the community to appeal any 
                flood hazard determinations;
                  (C) upon completion of the first Independent 
                Data Submission, transmit a copy of such 
                Submission to the affected community, provide 
                the affected community a maximum 30-day period 
                during which the community may provide data to 
                Administrator that can be used to supplement or 
                modify the existing data, and incorporate any 
                data that is consistent with prevailing 
                engineering principles;
                  (D) work with States, local communities, and 
                property owners to identify areas and features 
                described in subsection (b)(1)(A)(v);
                  (E) work to enhance communication and 
                outreach to States, local communities, and 
                property owners about the effects--
                          (i) of any potential changes to 
                        National Flood Insurance Program rate 
                        maps that may result from the mapping 
                        program required under this section; 
                        and
                          (ii) that any such changes may have 
                        on flood insurance purchase 
                        requirements;
                  (F) engage with local communities to enhance 
                communication and outreach to the residents of 
                such communities, including tenants (with 
                regard to contents insurance), on the matters 
                described under subparagraph (E); and
                  (G) not less than 30 days before issuance of 
                any preliminary map, notify the Senators for 
                each State affected and each Member of the 
                House of Representatives for each congressional 
                district affected by the preliminary map in 
                writing of--
                          (i) the estimated schedule for--
                                  (I) community meetings 
                                regarding the preliminary map;
                                  (II) publication of notices 
                                regarding the preliminary map 
                                in local newspapers; and
                                  (III) the commencement of the 
                                appeals process regarding the 
                                map; and
                          (ii) the estimated number of homes 
                        and businesses that will be affected by 
                        changes contained in the preliminary 
                        map, including how many structures will 
                        be that were not previously located in 
                        an area having special flood hazards 
                        will be located within such an area 
                        under the preliminary map; and
                  (H) upon the issuance of any proposed map and 
                any notice of an opportunity to make an appeal 
                relating to the proposed map, notify the 
                Senators for each State affected each Member of 
                the House of Representatives for each 
                congressional district affected by the proposed 
                map of any action taken by the Administrator 
                with respect to the proposed map or an appeal 
                relating to the proposed map.
          (2) Required activities.--The communication and 
        outreach activities required under paragraph (1) shall 
        include--
                  (A) notifying property owners when their 
                properties become included in, or when they are 
                excluded from, an area covered by the mandatory 
                flood insurance purchase requirement under 
                section 102 of the Flood Disaster Protection 
                Act of 1973 (42 U.S.C. 4012a);
                  (B) educating property owners 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;
                  (C) educating property owners regarding the 
                benefits and costs of maintaining or acquiring 
                flood insurance, including, where applicable, 
                lower-cost preferred risk policies under the 
                National Flood Insurance Act of 1968 (42 U.S.C. 
                4011 et seq.) for such properties and the 
                contents of such properties;
                  (D) educating property owners about flood map 
                revisions and the process available to such 
                owners to appeal proposed changes in flood 
                elevations through their community, including 
                by notifying local radio and television 
                stations; and
                  (E) encouraging property owners to maintain 
                or acquire flood insurance coverage.
          (3) Future flood risk.--The Administrator shall, in 
        consultation with the Technical Mapping Council 
        established under section 100215, provide financial and 
        technical assistance to communities to incorporate 
        future flood hazard conditions as an informational 
        layer on their Flood Insurance Rate Maps.
  (e) Community Remapping Request.--Upon the adoption by the 
Administrator of any recommendation by the Technical Mapping 
Advisory Council for reviewing, updating, or maintaining 
National Flood Insurance Program rate maps in accordance with 
this section, a community that believes that its flood 
insurance rates in effect prior to adoption would be affected 
by the adoption of such recommendation may submit a request for 
an update of its rate maps, which may be considered at the 
Administrator's sole discretion. The Administrator shall 
establish a protocol for the evaluation of such community map 
update requests.
  (f) Digital Display Environment and Building-specific Flood 
Hazard and Risk Information.--
          (1) Establishment.--
                  (A) In general.--Not later than 5 years after 
                the date of enactment of the National Flood 
                Insurance Program Reauthorization Act of 2019, 
                the Administrator, in consultation with the 
                Technical Mapping Advisory Council, shall 
                establish, as part of a national structure 
                inventory, a dynamic, database-derived digital 
                display environment for flood hazard and risk 
                data, models, maps, and assessments.
                  (B) Consultation with states and 
                communities.--In designing and constructing the 
                digital display environment under subparagraph 
                (A), the Administrator shall--
                          (i) leverage and partner with States 
                        and communities that have successfully 
                        implemented the same approach; and
                          (ii) consider adopting the techniques 
                        and technologies used by the States and 
                        communities described in clause (i) and 
                        applying those techniques and 
                        technologies nationwide.
          (2) Digital display system.--
                  (A) In general.--In carrying out paragraph 
                (1), the Administrator, in consultation with 
                the Technical Mapping Advisory Council, shall 
                establish a national digital display system 
                that shall--
                          (i) be prompted through dynamic 
                        querying of a spatial, relational flood 
                        hazard and risk database;
                          (ii) as permissible under law, be 
                        made available to the public;
                          (iii) to the extent feasible, and 
                        where sufficient data is available, 
                        provide information, with respect to 
                        individual structures, regarding--
                                  (I) flood hazard and risk 
                                assessment determinations;
                                  (II) flood insurance; and
                                  (III) flood risk mitigation 
                                efforts;
                          (iv) be constructed in a manner that 
                        facilitates coordination with digital 
                        display systems that--
                                  (I) have been developed by 
                                State and community partners; 
                                and
                                  (II) the Administrator finds 
                                are acceptable;
                          (v) include the capability to print 
                        physical copies of maps; and
                          (vi) where feasible, allow for the 
                        maintenance and storage of elevation 
                        certificates.
                  (B) Privacy requirements.--The Administrator 
                may not disseminate the database described in 
                subparagraph (A)(i), including any data used to 
                create that database, to the public or to a 
                private company in a manner that violates 
                section 552a of title 5, United States Code, or 
                any regulation implementing that section.
  (g) Stream Flow Networks.--
          (1) In general.--The Administrator shall coordinate 
        with the United States Geological Survey for the 
        sharing of data from stream flow networks critical to 
        the National Flood Insurance Program, flood risk 
        mapping, and flood risk assessments, to ensure that--
                  (A) the stream gage stations in such stream 
                flow networks are operational and use modern 
                hardware;
                  (B) such stream flow networks are 
                sufficiently densified by adding new stream 
                gage stations in high-risk areas;
                  (C) inactive critical stream gage stations in 
                such stream flow networks are reactivated; and
                  (D) the speed of the geospatial real-time 
                data feeds from such stream gage stations is 
                increased.
          (2) Definitions.--In this subsection:
                  (A) Stream flow network.--The term ``stream 
                flow network'' means a network of stream flow 
                gages maintained under the direction of the 
                United States Geological Survey and its 
                partners that is used to measure or record the 
                flow of water down a stream or river, or 
                through an entire watershed system, and 
                transmit such information using a geospatial 
                real-time data feed.
                  (B) Stream gage station.--The term ``stream 
                gage station'' means a device installed at the 
                edge of a river or stream that measures or 
                records the flow of water down the stream and 
                additional information such as water height, 
                water chemistry, and water temperature.
          (3) Rule of construction.--The purpose of this 
        subsection is to require cooperation between the 
        Federal Emergency Management Agency and United States 
        Geological Survey and nothing in this subsection may be 
        construed to require or obligate funding expenditures.
  (h) Availability of Data to Public.--The Administrator shall 
make available to the public on the website of the Federal 
Emergency Management Agency a national geospatial data 
repository that--
          (1) provides access to the raw data used to include 
        the cadastral features and parcel identification data 
        in National Flood Insurance Program rate maps;
          (2) to the extent that such data is available, allows 
        users to view, query, and obtain such data at multiple 
        levels of detail, including down to the property level;
          (3) allows users to view flood risks, flood insurance 
        zones, and flood elevations;
          (4) provides access to flood mapping and related 
        information such as--
                  (A) hydrologic and hydraulic models used in 
                determining flood risk;
                  (B) structure footprints where available as 
                part of a national structure inventory;
                  (C) flood depth grids;
                  (D) flood risk reports;
                  (E) flood risk assessments (Hazus analyses);
                  (F) hazard mitigation plans; and
                  (G) other flood risk products at the 
                discretion of the Administrator; and
          (5) maintains and disseminates such data in a 
        consistent manner.
  (i) Ensuring Current Data.--Not less frequently than once 
every 5 years, the Administrator shall verify that each 
National Flood Insurance Program rate map contains data that is 
current and credible.
  (j) Qualifications-Based Selection Contracting.--
          (1) In general.--With respect to a contract awarded 
        by the Administrator under this Act, or by an entity 
        receiving a grant under this Act, for program 
        management, architectural and engineering services, or 
        surveying and mapping, such a contract shall be awarded 
        to a contractor selected in accordance with the 
        procedures described in section 1103 of title 40, 
        United States Code (or an applicable equivalent State 
        qualifications-based statute). The Administrator, or 
        entity, as the case may be, shall require such 
        contractor, as a condition of such contract, to award 
        any subcontract for program management, architectural 
        and engineering services, or surveying and mapping in 
        accordance with the procedures described in the 
        previous sentence, or the applicable equivalent State 
        statute.
          (2) Relationship to state law.--Nothing in this 
        subsection shall supersede any applicable State 
        licensing law governing professional licensure.
          (3) Definitions.--In this subsection:
                  (A) Architectural and engineering services.--
                The term ``architectural and engineering 
                services'' has the meaning given that term in 
                section 1102 of title 40, United States Code.
                  (B) Surveying and mapping.--The term 
                ``surveying and mapping'' includes geospatial 
                activities associated with measuring, locating, 
                and preparing maps, charts, or other graphical 
                or digital presentations depicting natural and 
                man-made physical features, phenomena, and 
                legal boundaries of the earth, including the 
                following:
                          (i) Topographic Engineering 
                        Surveying, including acquisition of 
                        topographic oriented surveying and 
                        mapping data for design, construction, 
                        master planning, operations, as-built 
                        conditions, precise structure stability 
                        studies using conventional and 
                        electronic instrumentation, 
                        photogrammetric, LiDAR, remote sensing, 
                        inertial, satellite, and other manned 
                        and unmanned survey methods as 
                        applicable.
                          (ii) Hydrographic Engineering 
                        Surveying, including acquisition of 
                        hydrographic oriented surveying and 
                        mapping data for design, construction, 
                        dredging, master planning, operations, 
                        and as-built conditions using 
                        conventional and electronic 
                        instrumentation, and photogrammetric, 
                        remote sensing, inertial, satellite, 
                        side scan sonar, subbottom profiling, 
                        and other surveying methods, as 
                        applicable.
                          (iii) Land Surveying, including 
                        property and boundary surveys, 
                        monumentation, marking and posting, and 
                        preparation of tract descriptions, 
                        using conventional, electronic 
                        instrumentation, photogrammetric, 
                        inertial, satellite, and other survey 
                        methods, as applicable.
                          (iv) Geodetic Surveying, including 
                        first, second, and third order 
                        horizontal and vertical control 
                        surveys, geodetic astronomy, gravity 
                        and magnetic surveys using 
                        conventional, electronic 
                        instrumentation, photogrammetric, 
                        inertial, satellite, and other survey 
                        methods, as applicable.
                          (v) Cartographic Surveying, including 
                        acquisition of topographic and 
                        hydrographic oriented surveying and 
                        mapping data for construction of maps, 
                        charts, and similar products for 
                        planning, flood analysis, and general 
                        use purposes using conventional and 
                        electronic instrumentation, 
                        photogrammetric, inertial, satellite, 
                        mobile, terrestrial, and other survey 
                        methods, as applicable.
                          (vi) Mapping, charting, and related 
                        geospatial database development, 
                        including the design, compilation, 
                        digitizing, attributing, scribing, 
                        drafting, printing and dissemination of 
                        printed or digital map, chart, and 
                        related geospatial database products 
                        associated with planning, engineering, 
                        operations, and related real estate 
                        activities using photogrammetric, 
                        geographic information systems, and 
                        other manual and computer assisted 
                        methods, as applicable.
  (k) Definitions.--In this section:
          (1) Cadastral feature.--The term ``cadastral 
        feature'' means the geographic elements and features--
                  (A) that are independent of elevation, such 
                as roads, structure footprints, and rivers and 
                lakes;
                  (B) which are represented on maps to show the 
                true location and size of the elements in 
                relationship to each other, as they are seen 
                from the air; and
                  (C) that are mapped from LiDAR or aerial 
                photography by employing basic photogrammetry.
          (2) Parcel identification data.--The term ``parcel 
        identification data'' means the information associated 
        with a parcel of land, including the geographic 
        location, unique parcel identifier, boundaries, 
        structures contained within the parcel, zoning 
        classification, and owner.
  (l) Annual Report.--The Administrator, in coordination with 
the Technical Mapping Advisory Council established under 
section 100215 of this Act, shall submit to the Committee on 
Financial Services of the House of Representatives and the 
Committee on Banking, Housing, and Urban Affairs of the Senate 
an annual report regarding progress achieved in the mapping 
program under this section, including the digital display and 
structure-specific information required under subsection (f), 
which shall include recommendations to reduce the cost and 
improve the implementation of that subsection.
  [(f)] (m) Authorization of Appropriations.--There is 
authorized to be appropriated to the Administrator to carry out 
this section [$400,000,000 for each of fiscal years 2013 
through 2017] $500,000,000 for each of fiscal years 2019 
through 2023.

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