An amendment numbered 1 printed in House Report 111-537 to (1) Phase out subsidized premiums for severe repetitive loss prope rties, substantially damaged or improved properties and policy holders who voluntarily allow flood coverage to lapse. (2) Clarify application of actuarial rate phase-in for pre-FIRM properties sold after enactment. (3) Provide preferred rate premium for properties participating in NFIP during newly established, 5-year delay in mandatory flood insurance purchase requirement. (4) Expand availability of installment premium payment program to all policyholders. (5) Clarify that the FEMA Director may work directly with property owners to make mitigation grants for certain repetitive loss properties where States or communities are either unable or unwilling to address repetitive loss issues with a property owner. (6) Allow commercial properties with swimming pools located below the base flood level to enclose those pools with breakaway walls outside of hurricane season. (7) Require FEMA to review mapping of surrounding properties following successful appeal of hazard designation in newly mapped areas. (8) Clarify ability of FEMA Administrator to use demolition and rebuilding as mitigation techniques. (9) Require study of the impact of working waterfronts on storm and flood risk. (10) Establish relevant flood insurance.related studies. (11) Conform rule writing and implementation of various provisions of bill. (12) Include other technical improvements.
What it does: 47 changes: replaces text in 21 places, strikes text in 6 places, inserts text in 12 places, adds 8 sections
Rep. Maxine Waters (D-CA)Description
Amendment phases out subsidized premiums for severe repetitive loss properties, substantially damaged or improved properties and policy holders who voluntarily allow flood coverage to lapse; clarifies application of actuarial rate phase-in for pre-FIRM properties sold after enactment; provides preferred rate premium for properties participating in NFIP during newly established, 5-year delay in mandatory flood insurance purchase requirement; expands availability of installment premium payment program to all policyholders; clarifies that the FEMA Director may work directly with property owners to make mitigation grants for certain repetitive loss properties where States or communities are either unable or unwilling to address repetitive loss issues with a property owner; allows commercial properties with swimming pools located below the base flood level to enclose those pools with breakaway walls outside of hurricane season; requires FEMA to review mapping of surrounding properties following successful appeal of hazard designation in newly mapped areas; clarifies ability of FEMA Administrator to use demolition and rebuilding as mitigation techniques; requires study of the impact of working waterfronts on storm and flood risk; establishes relevant flood insurance related studies; and conforms rule writing and implementation of various provisions of.bill as well as making other technical improvements.
What it changes
47 changes to H.R. 5114
We couldn't match these changes to the text of H.R. 5114, so they're shown as written.
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Rewrites page 9, lines 1–3
ReplacesPrinted pageRemoves page 9, lines 1–3 of the printed bill. See that page
Inserted: SEC. 5. PHASE-IN OF ACTUARIAL RATES FOR CERTAIN PRE-FIRM PROPERTIES, SEVERE REPETITIVE LOSS PROPERTIES, AND PROPERTIES SUBSTANTIALLY DAMAGED OR SUBSTANTIALLY IMPROVED.
Original wording
Page 9, strike lines 1 through 3 and insert the following:
Change 2: Replaces “paragraph (5)” with “paragraph (7)”
[struck: paragraph (5)][inserted: paragraph (7)]Original wording
Page 9, lines 7 and 8, strike “paragraph (5)” and insert “paragraph (7)”.
Change 3: Strikes “used as principal residences”
Struck: used as principal residences
Original wording
Page 9, lines 21 and 22, strike “used as principal residences”.
Change 4: Replaces “date of enactment” with “effective date of this paragraph, pursuant to section 5(c)(1)”
[struck: date of enactment][inserted: effective date of this paragraph, pursuant to section 5(c)(1)]Original wording
Page 10, lines 5 and 6, strike “date of enactment” and insert “effective date of this paragraph, pursuant to section 5(c)(1)”.
Change 5: Inserts new text on page 10, line 7
InsertsPrinted pageInserted: (5) Severe repetitive loss properties.--Any severe repetitive loss property, as such term is defined in section 1361A(b), that is so designated as such as a result of losses occurring on or after the date of the enactment of the Flood Insurance Reform Priorities Act of 2010.
Inserted: (6) Properties substantially damaged or substantially improved.--Any property that, on or after the date of the enactment of the Flood Insurance Reform and Priorities Act of 2010, has experienced or sustained--
Inserted: (A) substantial damage exceeding 50 percent of the fair market value of such property; or
Inserted: (B) substantial improvement exceeding 30 percent of the fair market value of such property.
Original wording
Page 10, after line 7, insert the following:
Change 6: Replaces “paragraph (5)” with “paragraph (7)”
[struck: paragraph (5)][inserted: paragraph (7)]Original wording
Page 10, line 20, strike “paragraph (5)” and insert “paragraph (7)”.
Change 7: Replaces “or (4)” with “(4), (5), or (6)”
[struck: or (4)][inserted: (4), (5), or (6)]Original wording
Page 11, line 7, strike “or (4)” and insert “(4), (5), or (6)”.
Change 8: Replaces “and (4)” with “(4), (5), and (6)”
[struck: and (4)][inserted: (4), (5), and (6)]Original wording
Page 12, line 21, strike “and (4)” and insert “(4), (5), and (6)”.
Change 9: Replaces “subsection” with “subsections”
[struck: subsection][inserted: subsections]Original wording
Page 13, line 6, strike “subsection” and insert “subsections”.
Change 10: Replaces “September 30, 2008” with “September 30, 2007”
[struck: September 30, 2008][inserted: September 30, 2007]Original wording
Page 13, line 13, strike “September 30, 2008” and insert “September 30, 2007”.
Change 11: Inserts new text on page 14, line 22
InsertsPrinted pageInserted: (j) Availability of Preferred Risk Rating Method Premiums.--The preferred risk rate method premium shall be available for flood insurance coverage for properties located in areas referred to in subsection (i)(1) and during the time period referred to in subsection (i)(1).
Original wording
Page 14, after line 22, insert the following:
Change 12: Inserts “(a) In General.--” before “Section”
…[inserted: (a) In General.-- ]Section…
Original wording
Page 15, line 13, before “Section” insert “(a) In General.--”.
Change 13: Inserts new text on page 17, line 3
InsertsPrinted pageInserted: (b) Regulation or Notice.--The Administrator of the Federal Emergency Management Agency shall issue an interim final rule or notice to implement this section and the amendments made by this section as soon as practicable after the date of the enactment of this Act.
Inserted: Strike line 20 on page 18 and all that follows through page 19, line 2, and insert the following:
Inserted: (b) Regulations.--The Administrator of the Federal Emergency Management Agency shall promulgate regulations to implement this section and the amendments made by this section as soon as practicable, but not more than 18 months after the date of the enactment of this Act. Section 5 may not be construed to annul, alter, affect, authorize any waiver of, or establish any exception to, the requirement under the preceding sentence.
Original wording
Page 17, after line 3, insert the following:
Change 14: Adds SEC. 11. PROHIBITION OF EXTENSION OF SUBSIDIZED RATES TO LAPSED POLICIES on page 21, line 21
Adds a sectionPrinted pageInserted: SEC. 11. PROHIBITION OF EXTENSION OF SUBSIDIZED RATES TO LAPSED POLICIES.
Inserted: 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 new subsection:
Inserted: "(i) Prohibition of Extension of Subsidized Rates to Lapsed Policies.--The Director shall not provide flood insurance coverage under this title to any prospective insured at a rate less than the applicable estimated risk premium rates for the area (or subdivision thereof) for any policy under the flood insurance program that has lapsed in coverage, as a result of the deliberate choice of the holder of such policy.".
Original wording
Page 21, after line 21, insert the following new section:
Change 15: Replaces the semicolon on page 22, line 25 with new text
ReplacesPrinted page…
[struck: ;]Original wording
Page 22, line 25, strike the semicolon and insert a period.
Change 16: Adds SEC. 13. COMMUNITY OUTREACH PLAN FOR UPDATING FLOODPLAIN AREAS AND FLOOD-RISK ZONES on page 22, line 25
Adds a sectionPrinted pageInserted: SEC. 13. COMMUNITY OUTREACH PLAN FOR UPDATING FLOODPLAIN AREAS AND FLOOD-RISK ZONES.
Inserted: The Administrator of the Federal Emergency Management Agency shall, not later than the expiration of the 60-day period beginning upon the date of the enactment of this Act, submit to the Congress a community outreach plan for the updating of floodplain areas and flood-risk zones under section 1360(f) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(f)).
Inserted: SEC. 14. NOTIFICATION OF ESTABLISHMENT OF FLOOD ELEVATIONS.
Inserted: 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:
Inserted: "(l) Notification to Members of Congress of Map Modernization.--Upon any revision or update of any floodplain area or flood-risk zone pursuant to subsection (f), any decision pursuant to subsection (f)(1) that such revision or update is necessary, any issuance of preliminary maps for such revision or updating, or any other significant action relating to any such revision or update, the Director shall notify the Senators for each State affected, and each Member of the House of Representatives for each congressional district affected, by such revision or update in writing of the action taken.".
Original wording
Page 22, after line 25, insert the following new sections:
Change 17: Replaces “LOW-INCOME POLICYHOLDERS” with “RESIDENTIAL PROPERTIES”
[struck: LOW-INCOME POLICYHOLDERS][inserted: RESIDENTIAL PROPERTIES]Original wording
Page 27, line 8, strike “LOW-INCOME POLICYHOLDERS” and insert “RESIDENTIAL PROPERTIES”.
Change 18: Replaces “Low-income Policyholders” with “Residential Properties”
[struck: Low-income Policyholders][inserted: Residential Properties]Original wording
Page 27, line 13, strike “Low-income Policyholders” and insert “Residential Properties”.
Change 19: Strikes page 27, line 16 through “is employed” on line 22
StrikesPrinted pageRemoves page 27, line 16 through “is employed” on line 22 of the printed bill. See that page
Original wording
Page 27, strike line 16 and all that follows through “is employed” in line 22.
Change 20: Strikes “monthly”
Struck: monthly
Original wording
Page 27, line 23, strike “monthly”.
Change 21: Adds SEC. 19. TERMINATION OF FORCE-PLACED INSURANCE on page 27, line 23
Adds a sectionPrinted pageInserted: SEC. 19. TERMINATION OF FORCE-PLACED INSURANCE.
Inserted: Section 102(e) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(e)) is amended--
Inserted: (1) by redesignating paragraphs (3) and (4) as paragraphs (5) and 6), respectively; and
Inserted: (2) by adding inserting after paragraph (2) the following new paragraphs:
Inserted: "(3) Termination of force-placed insurance.--Within 15 days of receipt by the lender or servicer of a confirmation of a borrower's existing flood insurance coverage, the lender or servicer shall--
Inserted: "(A) terminate the force-placed insurance; and
Inserted: "(B) refund to the borrower all force-placed insurance premiums paid by the borrower during any period during which the borrower's flood insurance coverage and the force-placed flood insurance coverage were each in effect, and any related fees charged to the borrower with respect to the force-placed insurance during such period.
Inserted: "(4) Sufficiency of demonstration.--A lender or servicer for a loan shall accept any reasonable form of written confirmation from a borrower of existing flood insurance coverage, which shall include the existing flood insurance policy number along with the identity of, and contact information for, the insurance company or agent.".
Original wording
Page 27, after line 23, insert the following new section:
Change 22: Adds SEC. 21. GRANTS FOR DIRECT FUNDING OF MITIGATION ACTIVITIES FOR INDIVIDUAL REPETITIVE CLAIMS PROPERTIES on page 30, line 20
Adds a sectionPrinted pageInserted: SEC. 21. GRANTS FOR DIRECT FUNDING OF MITIGATION ACTIVITIES FOR INDIVIDUAL REPETITIVE CLAIMS PROPERTIES.
Inserted: (a) Direct Grants to Owners.--Section 1323 of the National Flood Insurance Act of 1968 (42 U.S.C. 4030) is amended--
Inserted: (1) in the section heading, by inserting "DIRECT" before "GRANTS"; and
Inserted: (2) in the matter in subsection (a) that precedes paragraph (1)--
Inserted: (A) by inserting ", to owners of such properties," before "for mitigation actions"; and
Inserted: (B) by striking "1" and inserting "two".
Inserted: (b) Availability of Funds.--Paragraph (9) of section 1310(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is amended by inserting "which shall remain available until expended," after "any fiscal year,".
Original wording
Page 30, after line 20, insert the following new section:
Change 23: Replaces “(h)” with “(i)”
[struck: (h)][inserted: (i)]Original wording
Page 31, line 4, strike “(h)” and insert “(i)”.
Change 24: Replaces “(g)” with “(i)”
[struck: (g)][inserted: (i)]Original wording
Page 33, line 14, strike “(g)” and insert “(i)”.
Change 25: Strikes “and”
Struck: and
Original wording
Page 34, line 19, strike “and”.
Change 26: Replaces the period on page 34, line 22 with “; and”
ReplacesPrinted page…
[struck: .][inserted: ; and]Original wording
Page 34, line 22, strike the period and insert “; and”.
Change 27: Inserts new text on page 34, line 22
InsertsPrinted pageInserted: (F) the number of flood-related major disaster or emergency declarations made by the President with respect to the relevant area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) during the preceding five years.
Original wording
Page 34, after line 22 insert the following:
Change 28: Replaces “(h)” with “(i)”
[struck: (h)][inserted: (i)]Original wording
Page 34, line 25, strike “(h)” and insert “(i)”.
Change 29: Inserts new text on page 35, line 4
InsertsPrinted pageInserted: (g) Coordination With Other Agencies.--A local governmental agency that receives a grant under this section, and an entity that receives amounts pursuant to subsection (f), may coordinate or contract with other agencies and entities having particular capacities, specialties, or experience with respect to certain populations or constituencies, including elderly or disabled families or persons, to carry out activities described in subsection (b) with respect to such populations or constituencies.
Original wording
Page 35, after line 4, insert the following new subsection:
Change 30: Replaces “(g)” with “(h)”
[struck: (g)][inserted: (h)]Original wording
Page 35, line 5, strike “(g)” and insert “(h)”.
Change 31: Replaces “(h)” with “(i)”
[struck: (h)][inserted: (i)]Original wording
Page 35, line 14, strike “(h)” and insert “(i)”.
Change 32: Adds SEC. 24. TREATMENT OF SWIMMING POOL ENCLOSURES OUTSIDE OF HURRICANE SEASON on page 35, line 16
Adds a sectionPrinted pageInserted: SEC. 24. TREATMENT OF SWIMMING POOL ENCLOSURES OUTSIDE OF HURRICANE SEASON.
Inserted: Chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new section:
Inserted: "SEC. 1327. TREATMENT OF SWIMMING POOL ENCLOSURES OUTSIDE OF HURRICANE SEASON.
Inserted: "In the case of any property that is otherwise in compliance with the coverage and building requirements of the national flood insurance program, the presence of an enclosed swimming pool located at ground level or in the space below the lowest floor of a building after November 30 and before June 1 of any year shall have no effect on the terms of coverage or the ability to receive coverage for such building under the national flood insurance program established pursuant to this title, if the pool is enclosed with non-supporting breakaway walls.".
Original wording
Page 35, after line 16, insert the following new section:
Change 33: Replaces “and” with new text
Struck: and
Original wording
Page 36, line 17, strike “and” and insert a comma.
Change 34: Inserts “, and the national flood insurance program” before the period at the end
Inserted: , and the national flood insurance program
Original wording
Page 36, line 17, before the period insert “, and the national flood insurance program”.
Change 35: Strikes “and”
Struck: and
Original wording
Page 39, line 6, strike “and”.
Change 36: Replaces the period on page 39, line 10 with new text
ReplacesPrinted page…
[struck: .]Original wording
Page 39, line 10, strike the period and insert a semicolon.
Change 37: Inserts new text on page 39, line 10
InsertsPrinted pageInserted: (E) facilitate the sharing of the best-practices of the Federal Emergency Management Agency amongst all offices of the Agency with respect to the creation and updating of floodplain maps;
Inserted: (F) not less than one year after receipt of a request from a community, perform an economic impact analysis for such community on the economic impact of floodplain maps and floodplain map determinations on small businesses, lending, real estate development, and other economic indicators within such community;
Inserted: (G) establish a national arbitration panel regarding flood map modernization, with panel members consisting of experts in flood insurance, flood map determination, real estate development, structural engineering, and other such experts, including a representative from the Federal Emergency Management Administration, to allow individuals or communities impacted by a flood map revision to challenge such a revision; such panel may, under such terms and conditions it may establish, temporarily suspend implementation of a floodplain map pending such panel's review of evidence submitted by such individuals or communities as part of such challenge;
Inserted: (H) establish a process under which scientific and engineering data, including maps and an explanation of how the Director makes a determination regarding a map revision, will be made publicly available to any interested individuals to be impacted by a flood map revision; and
Inserted: (I) establish a process under which each community to be impacted by a flood map revision will be provided an open community forum to consult with and ask questions of representatives of the Federal Emergency Management Administration.
Original wording
Page 39, after line 10 insert the following:
Change 38: Adds SEC. 29. TREATMENT OF PREVIOUSLY MAPPED AREAS on page 41, line 8
Adds a sectionPrinted pageInserted: SEC. 29. TREATMENT OF PREVIOUSLY MAPPED AREAS.
Inserted: 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:
Inserted: "(k) Treatment of Previously Mapped Areas.--If the Director issues a letter of map revision for an area or a portion of an area to correct an error in a recently issued flood insurance rate map and such letter results in the designation of such area as not having special flood hazards, the Director shall reexamine the designation of any areas bordering or abutting the area that was the subject of such letter if such areas are located within a special flood hazard area. The Director shall inform the community and residents within such area of the results of such examination no later than one year after the date of the initial letter of map revision.
Inserted: "SEC. 30. REMAPPING OF AREAS WITH IMPROVED LEVEES.
Inserted: "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:
Inserted: " '(a) Remapping of Areas With Improved Levees.--If at any time any community, any State, the Army Corps of Engineers, or any other entity improves any levee system that protects any area that is located in an area having special flood hazards and the Director determines that such improvement mitigates flood risk in a manner that eliminates the risk of flooding in the area, the Director shall--
Inserted: " '(1) revise and update the floodplain areas and flood risk zones, and the flood insurance maps reflecting such areas and zones, for the areas protected by such levee system so that any requirement under the Flood Disaster Protection Act of 1973 for mandatory purchase of flood insurance does not apply to such area; and
Inserted: " '(2) make the updated maps and any information regarding such updating available to the affected communities.'.".
Original wording
Page 41, after line 8, insert the following new sections:
Change 39: Replaces “Section” with new text
Struck: Section
Inserted: (a) Flood Mitigation Assistance Program.--Section
Original wording
Page 41, line 12, strike “Section” and insert the following:
Change 40: Inserts new text on page 41, line 15
InsertsPrinted pageInserted: (b) Sense of Congress.--It is the sense of Congress that section 1366 of the Flood Insurance Act of 1968 (42 U.S.C. 4104c), as in effect on the day before the date of enactment of this Act, authorized the Administrator of the Federal Emergency Management Agency to consider property demolition and rebuilding as eligible activities under the Flood Mitigation Assistance Program. The purpose of the amendment made by subsection (a) is to clarify that such authority exists.
Original wording
Page 41, after line 15, insert the following:
Change 41: Inserts “AND FAMILIES IN RURAL COMMUNITIES AND ON INDIAN RESERVATIONS” before the period at the end
Inserted: AND FAMILIES IN RURAL COMMUNITIES AND ON INDIAN RESERVATIONS
Original wording
Page 42, line 15, before the period insert “AND FAMILIES IN RURAL COMMUNITIES AND ON INDIAN RESERVATIONS”.
Change 42: Inserts “, families residing in rural communities, and families who reside on Indian reservations,” after “(42 U.S.C. 1437a(b)))”
…(42 U.S.C. 1437a(b)))[inserted: , families residing in rural communities, and families who reside on Indian reservations,]…
Original wording
Page 42, line 21, after “(42 U.S.C. 1437a(b)))” insert “, families residing in rural communities, and families who reside on Indian reservations,”.
Change 43: Strikes “and”
Struck: and
Original wording
Page 44, line 14, strike “and”.
Change 44: Replaces the period on page 44, line 20 with new text
ReplacesPrinted page…
[struck: .]Original wording
Page 44, line 20, strike the period and insert a semicolon.
Change 45: Inserts new text on page 44, line 20
InsertsPrinted pageInserted: (7) the impact of such a building code requirement on rural communities with different building code challenges than more urban environments; and
Inserted: (8) the impact of such a building code requirement on Indian reservations.
Original wording
Page 44, after line 20, insert the following new paragraphs:
Change 46: Adds SEC. 36. STUDY REGARDING CERTAIN HARBOR AREAS on page 45, line 5
Adds a sectionPrinted pageInserted: SEC. 36. STUDY REGARDING CERTAIN HARBOR AREAS.
Inserted: (a) Study.--The Administrator of the Federal Emergency Management Agency shall carry out a study to identify the impacts of the National Flood Insurance Program on harbor areas that are working waterfronts, which shall--
Inserted: (1) identify the models and assumptions used under such program with respect to wave action in working waterfronts and harbors;
Inserted: (2) determine whether these are the same models and assumptions used for open or unprotected coast lines;
Inserted: (3) identify the assumptions used under such program in modeling V-zones;
Inserted: (4) identify the underlying basis for projected impact of waves on working waterfronts,
Inserted: (5) identify the frequency with which individual working waterfronts receive revised flood-risk based on the data they provide;
Inserted: (6) determine the feasibility of basing flood maps for such working waterfronts on actual historical flood and damage data;
Inserted: (7) identify the standards for construction and design of working waterfront infrastructure that would be needed to safely develop commercial buildings in the V-zone;
Inserted: (8) determine the economic impacts of the National Flood Insurance Program on working waterfronts and working waterfront dependant businesses;
Inserted: (9) identify any new or alternative models that may be used to more accurately reflect the risk of flooding in working waterfronts and harbor environments;
Inserted: (10) review the current coastal flood insurance study guidelines and recommended methodologies;
Show 13 more inserted paragraphsShow less
Inserted: (11) determine whether methodologies other than those referred to in paragraph (10) should be applied with respect to complicated harbors and open shorelines;
Inserted: (12) review where 2-D ST Wave methodology should be applied and where other methodologies should be applied;
Inserted: (13) review available data on wave attenuation through pilings and piers and determine whether a physical model for the attenuation of waves in that environment can be undertaken to derive such data; and
Inserted: (14) include any other information the Administrator considers relevant to evaluating the flood risk and insurance challenges facing working waterfronts.
Inserted: (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the Congress a report setting forth the results and conclusions of the study, including--
Inserted: (1) a description of all of the matters identified and determined pursuant to subsection (a); and
Inserted: (2) an analysis of the feasibility of developing a sheltered harbor flood zone for purposes of the National Flood Insurance Program that specifically recognizes the unique challenges faced by working waterfronts and built-up harbors.
Inserted: (c) Definition.--In this section, the term "working waterfront" means real property (including support structures over water and other facilities) that provides access to coastal waters to persons engaged in commercial fishing, recreational fishing business, boatbuilding, aquaculture, or other water-dependent coastal-related business and is used for, or that supports, commercial fishing, recreational fishing, boatbuilding, aquaculture, or other water-dependent coastal-related business.
Inserted: SEC. 37. STUDY REGARDING HAZARD MODELING.
Inserted: The Administrator of the Federal Emergency Management Agency shall conduct a study to identify and assess the impacts, including short-term and long-term impacts, of significant flooding events and subsequent revisions of hazard modeling and mapping since January 1, 2000, on the financial soundness of the national flood insurance program. The Administrator may enter into an agreement with Water Resources Research Institutes to conduct the study under this section. The Administrator shall provide for a final report regarding the study to be submitted to the Congress not later than the expiration of the 16-month period beginning on the date of the enactment of this Act. The report may include recommendations of the Administrator with respect to revising hazard modeling and mapping.
Inserted: Strike line 16 on page 46 and all that follows through page 47, line 7, and insert the following:
Inserted: SEC. 40. INTERIM FINAL RULEMAKING.
Inserted: The Administrator of the Federal Emergency Management Agency shall issue an interim final rule to implement the amendments made by this Act as soon as practicable, but not more than 18 months after the date of the enactment of this Act. The Administrator of the Federal Emergency Management Agency shall issue a final rule within one year after the effective date of the interim final rule. In the event that the deadlines in this section are not met, the Administrator shall report to the Congress monthly on the status of the rulemakings and the reasons for the failure to comply with the statutory deadlines.
Original wording
Page 45, after line 5, insert the following new sections:
Change 47: Adds SEC. 10. DISCOUNTED FLOOD INSURANCE RATES FOR PROPERTIES PROTECTED BY A FLOOD-PROTECTION SYSTEM FROM LESS THAN A 100-YEAR FREQUENCY FLOOD on page 19, line 8
Adds a sectionPrinted pageInserted: SEC. 10. DISCOUNTED FLOOD INSURANCE RATES FOR PROPERTIES PROTECTED BY A FLOOD-PROTECTION SYSTEM FROM LESS THAN A 100-YEAR FREQUENCY FLOOD.
Inserted: 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:
Inserted: "(g) Except as provided in subsection (f) and notwithstanding any other provision of law, flood insurance coverage shall be made available for a property that the Director determines is protected by a flood-protection system that does not provide protection against a 100-year frequency flood at premium rates that reflect a discount for the actual protection against flood risk afforded by such flood-protection system.".
Original wording
Page 19, after line 8, insert the following new section:
Shown as written
Page 10, line 7, strike the quotation marks and the last period.
Page 14, line 22, strike the quotation marks and the last period.
Page 41, line 15, before the quotation marks insert “of properties to at least base flood elevation or greater, if required by any local ordinance”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Page 9, strike lines 1 through 3 and insert the following:
SEC. 5. PHASE-IN OF ACTUARIAL RATES FOR CERTAIN PRE-FIRM PROPERTIES, SEVERE REPETITIVE LOSS PROPERTIES, AND PROPERTIES SUBSTANTIALLY DAMAGED OR SUBSTANTIALLY IMPROVED.
Page 9, lines 7 and 8, strike “paragraph (5)” and insert “paragraph (7)”.
Page 9, lines 21 and 22, strike “used as principal residences”.
Page 10, lines 5 and 6, strike “date of enactment” and insert “effective date of this paragraph, pursuant to section 5(c)(1)”.
Page 10, line 7, strike the quotation marks and the last period.
Page 10, after line 7, insert the following:
“(5) Severe repetitive loss properties.--Any severe repetitive loss property, as such term is defined in section 1361A(b), that is so designated as such as a result of losses occurring on or after the date of the enactment of the Flood Insurance Reform Priorities Act of 2010.
“(6) Properties substantially damaged or substantially improved.--Any property that, on or after the date of the enactment of the Flood Insurance Reform and Priorities Act of 2010, has experienced or sustained--
“(A) substantial damage exceeding 50 percent of the fair market value of such property; or
“(B) substantial improvement exceeding 30 percent of the fair market value of such property.”.
Page 10, line 20, strike “paragraph (5)” and insert “paragraph (7)”.
Page 11, line 7, strike “or (4)” and insert “(4), (5), or (6)”.
Page 12, line 21, strike “and (4)” and insert “(4), (5), and (6)”.
Page 13, line 6, strike “subsection” and insert “subsections”.
Page 13, line 13, strike “September 30, 2008” and insert “September 30, 2007”.
Page 14, line 22, strike the quotation marks and the last period.
Page 14, after line 22, insert the following:
“(j) Availability of Preferred Risk Rating Method Premiums.--The preferred risk rate method premium shall be available for flood insurance coverage for properties located in areas referred to in subsection (i)(1) and during the time period referred to in subsection (i)(1).”.
Page 15, line 13, before “Section” insert “(a) In General.--”.
Page 17, after line 3, insert the following:
(b) Regulation or Notice.--The Administrator of the Federal Emergency Management Agency shall issue an interim final rule or notice to implement this section and the amendments made by this section as soon as practicable after the date of the enactment of this Act.
Strike line 20 on page 18 and all that follows through page 19, line 2, and insert the following:
(b) Regulations.--The Administrator of the Federal Emergency Management Agency shall promulgate regulations to implement this section and the amendments made by this section as soon as practicable, but not more than 18 months after the date of the enactment of this Act. Section 5 may not be construed to annul, alter, affect, authorize any waiver of, or establish any exception to, the requirement under the preceding sentence.
Page 21, after line 21, insert the following new section:
SEC. 11. PROHIBITION OF EXTENSION OF SUBSIDIZED RATES TO LAPSED POLICIES.
Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection:
“(i) Prohibition of Extension of Subsidized Rates to Lapsed Policies.--The Director shall not provide flood insurance coverage under this title to any prospective insured at a rate less than the applicable estimated risk premium rates for the area (or subdivision thereof) for any policy under the flood insurance program that has lapsed in coverage, as a result of the deliberate choice of the holder of such policy.”.
Page 22, line 25, strike the semicolon and insert a period.
Page 22, after line 25, insert the following new sections:
SEC. 13. COMMUNITY OUTREACH PLAN FOR UPDATING FLOODPLAIN AREAS AND FLOOD-RISK ZONES.
The Administrator of the Federal Emergency Management Agency shall, not later than the expiration of the 60-day period beginning upon the date of the enactment of this Act, submit to the Congress a community outreach plan for the updating of floodplain areas and flood-risk zones under section 1360(f) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(f)).
SEC. 14. NOTIFICATION OF ESTABLISHMENT OF FLOOD ELEVATIONS.
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:
“(l) Notification to Members of Congress of Map Modernization.--Upon any revision or update of any floodplain area or flood-risk zone pursuant to subsection (f), any decision pursuant to subsection (f)(1) that such revision or update is necessary, any issuance of preliminary maps for such revision or updating, or any other significant action relating to any such revision or update, the Director shall notify the Senators for each State affected, and each Member of the House of Representatives for each congressional district affected, by such revision or update in writing of the action taken.”.
Page 27, line 8, strike “LOW-INCOME POLICYHOLDERS” and insert “RESIDENTIAL PROPERTIES”.
Page 27, line 13, strike “Low-income Policyholders” and insert “Residential Properties”.
Page 27, strike line 16 and all that follows through “is employed” in line 22.
Page 27, line 23, strike “monthly”.
Page 27, after line 23, insert the following new section:
SEC. 19. TERMINATION OF FORCE-PLACED INSURANCE.
Section 102(e) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(e)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs (5) and 6), respectively; and
(2) by adding inserting after paragraph (2) the following new paragraphs:
“(3) Termination of force-placed insurance.--Within 15 days of receipt by the lender or servicer of a confirmation of a borrower's existing flood insurance coverage, the lender or servicer shall--
“(A) terminate the force-placed insurance; and
“(B) refund to the borrower all force-placed insurance premiums paid by the borrower during any period during which the borrower's flood insurance coverage and the force-placed flood insurance coverage were each in effect, and any related fees charged to the borrower with respect to the force-placed insurance during such period.
“(4) Sufficiency of demonstration.--A lender or servicer for a loan shall accept any reasonable form of written confirmation from a borrower of existing flood insurance coverage, which shall include the existing flood insurance policy number along with the identity of, and contact information for, the insurance company or agent.”.
Page 30, after line 20, insert the following new section:
SEC. 21. GRANTS FOR DIRECT FUNDING OF MITIGATION ACTIVITIES FOR INDIVIDUAL REPETITIVE CLAIMS PROPERTIES.
(a) Direct Grants to Owners.--Section 1323 of the National Flood Insurance Act of 1968 (42 U.S.C. 4030) is amended--
(1) in the section heading, by inserting “DIRECT” before “GRANTS”; and
(2) in the matter in subsection (a) that precedes paragraph (1)--
(A) by inserting “, to owners of such properties,” before “for mitigation actions”; and
(B) by striking “1” and inserting “two”.
(b) Availability of Funds.--Paragraph (9) of section 1310(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is amended by inserting “which shall remain available until expended,” after “any fiscal year,”.
Page 31, line 4, strike “(h)” and insert “(i)”.
Page 33, line 14, strike “(g)” and insert “(i)”.
Page 34, line 19, strike “and”.
Page 34, line 22, strike the period and insert “; and”.
Page 34, after line 22 insert the following:
“(F) the number of flood-related major disaster or emergency declarations made by the President with respect to the relevant area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) during the preceding five years.
Page 34, line 25, strike “(h)” and insert “(i)”.
Page 35, after line 4, insert the following new subsection:
“(g) Coordination With Other Agencies.--A local governmental agency that receives a grant under this section, and an entity that receives amounts pursuant to subsection (f), may coordinate or contract with other agencies and entities having particular capacities, specialties, or experience with respect to certain populations or constituencies, including elderly or disabled families or persons, to carry out activities described in subsection (b) with respect to such populations or constituencies.”.
Page 35, line 5, strike “(g)” and insert “(h)”.
Page 35, line 14, strike “(h)” and insert “(i)”.
Page 35, after line 16, insert the following new section:
SEC. 24. TREATMENT OF SWIMMING POOL ENCLOSURES OUTSIDE OF HURRICANE SEASON.
Chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new section:
“SEC. 1327. TREATMENT OF SWIMMING POOL ENCLOSURES OUTSIDE OF HURRICANE SEASON.
“In the case of any property that is otherwise in compliance with the coverage and building requirements of the national flood insurance program, the presence of an enclosed swimming pool located at ground level or in the space below the lowest floor of a building after November 30 and before June 1 of any year shall have no effect on the terms of coverage or the ability to receive coverage for such building under the national flood insurance program established pursuant to this title, if the pool is enclosed with non-supporting breakaway walls.”.
Page 36, line 17, strike “and” and insert a comma.
Page 36, line 17, before the period insert “, and the national flood insurance program”.
Page 39, line 6, strike “and”.
Page 39, line 10, strike the period and insert a semicolon.
Page 39, after line 10 insert the following:
“(E) facilitate the sharing of the best-practices of the Federal Emergency Management Agency amongst all offices of the Agency with respect to the creation and updating of floodplain maps;
“(F) not less than one year after receipt of a request from a community, perform an economic impact analysis for such community on the economic impact of floodplain maps and floodplain map determinations on small businesses, lending, real estate development, and other economic indicators within such community;
“(G) establish a national arbitration panel regarding flood map modernization, with panel members consisting of experts in flood insurance, flood map determination, real estate development, structural engineering, and other such experts, including a representative from the Federal Emergency Management Administration, to allow individuals or communities impacted by a flood map revision to challenge such a revision; such panel may, under such terms and conditions it may establish, temporarily suspend implementation of a floodplain map pending such panel's review of evidence submitted by such individuals or communities as part of such challenge;
“(H) establish a process under which scientific and engineering data, including maps and an explanation of how the Director makes a determination regarding a map revision, will be made publicly available to any interested individuals to be impacted by a flood map revision; and
“(I) establish a process under which each community to be impacted by a flood map revision will be provided an open community forum to consult with and ask questions of representatives of the Federal Emergency Management Administration.
Page 41, after line 8, insert the following new sections:
SEC. 29. TREATMENT OF PREVIOUSLY MAPPED AREAS.
Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) is amended by adding at the end the following new subsection:
“(k) Treatment of Previously Mapped Areas.--If the Director issues a letter of map revision for an area or a portion of an area to correct an error in a recently issued flood insurance rate map and such letter results in the designation of such area as not having special flood hazards, the Director shall reexamine the designation of any areas bordering or abutting the area that was the subject of such letter if such areas are located within a special flood hazard area. The Director shall inform the community and residents within such area of the results of such examination no later than one year after the date of the initial letter of map revision.
“SEC. 30. REMAPPING OF AREAS WITH IMPROVED LEVEES.
“Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) is amended by adding at the end the following new subsection:
“ ‘(a) Remapping of Areas With Improved Levees.--If at any time any community, any State, the Army Corps of Engineers, or any other entity improves any levee system that protects any area that is located in an area having special flood hazards and the Director determines that such improvement mitigates flood risk in a manner that eliminates the risk of flooding in the area, the Director shall--
“ ‘(1) revise and update the floodplain areas and flood risk zones, and the flood insurance maps reflecting such areas and zones, for the areas protected by such levee system so that any requirement under the Flood Disaster Protection Act of 1973 for mandatory purchase of flood insurance does not apply to such area; and
“ ‘(2) make the updated maps and any information regarding such updating available to the affected communities.'.”.
Page 41, line 12, strike “Section” and insert the following:
(a) Flood Mitigation Assistance Program.--Section
Page 41, line 15, before the quotation marks insert “of properties to at least base flood elevation or greater, if required by any local ordinance”.
Page 41, after line 15, insert the following:
(b) Sense of Congress.--It is the sense of Congress that section 1366 of the Flood Insurance Act of 1968 (42 U.S.C. 4104c), as in effect on the day before the date of enactment of this Act, authorized the Administrator of the Federal Emergency Management Agency to consider property demolition and rebuilding as eligible activities under the Flood Mitigation Assistance Program. The purpose of the amendment made by subsection (a) is to clarify that such authority exists.
Page 42, line 15, before the period insert “AND FAMILIES IN RURAL COMMUNITIES AND ON INDIAN RESERVATIONS”.
Page 42, line 21, after “(42 U.S.C. 1437a(b)))” insert “, families residing in rural communities, and families who reside on Indian reservations,”.
Page 44, line 14, strike “and”.
Page 44, line 20, strike the period and insert a semicolon.
Page 44, after line 20, insert the following new paragraphs:
(7) the impact of such a building code requirement on rural communities with different building code challenges than more urban environments; and
(8) the impact of such a building code requirement on Indian reservations.
Page 45, after line 5, insert the following new sections:
SEC. 36. STUDY REGARDING CERTAIN HARBOR AREAS.
(a) Study.--The Administrator of the Federal Emergency Management Agency shall carry out a study to identify the impacts of the National Flood Insurance Program on harbor areas that are working waterfronts, which shall--
(1) identify the models and assumptions used under such program with respect to wave action in working waterfronts and harbors;
(2) determine whether these are the same models and assumptions used for open or unprotected coast lines;
(3) identify the assumptions used under such program in modeling V-zones;
(4) identify the underlying basis for projected impact of waves on working waterfronts,
(5) identify the frequency with which individual working waterfronts receive revised flood-risk based on the data they provide;
(6) determine the feasibility of basing flood maps for such working waterfronts on actual historical flood and damage data;
(7) identify the standards for construction and design of working waterfront infrastructure that would be needed to safely develop commercial buildings in the V-zone;
(8) determine the economic impacts of the National Flood Insurance Program on working waterfronts and working waterfront dependant businesses;
(9) identify any new or alternative models that may be used to more accurately reflect the risk of flooding in working waterfronts and harbor environments;
(10) review the current coastal flood insurance study guidelines and recommended methodologies;
(11) determine whether methodologies other than those referred to in paragraph (10) should be applied with respect to complicated harbors and open shorelines;
(12) review where 2-D ST Wave methodology should be applied and where other methodologies should be applied;
(13) review available data on wave attenuation through pilings and piers and determine whether a physical model for the attenuation of waves in that environment can be undertaken to derive such data; and
(14) include any other information the Administrator considers relevant to evaluating the flood risk and insurance challenges facing working waterfronts.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the Congress a report setting forth the results and conclusions of the study, including--
(1) a description of all of the matters identified and determined pursuant to subsection (a); and
(2) an analysis of the feasibility of developing a sheltered harbor flood zone for purposes of the National Flood Insurance Program that specifically recognizes the unique challenges faced by working waterfronts and built-up harbors.
(c) Definition.--In this section, the term “working waterfront” means real property (including support structures over water and other facilities) that provides access to coastal waters to persons engaged in commercial fishing, recreational fishing business, boatbuilding, aquaculture, or other water-dependent coastal-related business and is used for, or that supports, commercial fishing, recreational fishing, boatbuilding, aquaculture, or other water-dependent coastal-related business.
SEC. 37. STUDY REGARDING HAZARD MODELING.
The Administrator of the Federal Emergency Management Agency shall conduct a study to identify and assess the impacts, including short-term and long-term impacts, of significant flooding events and subsequent revisions of hazard modeling and mapping since January 1, 2000, on the financial soundness of the national flood insurance program. The Administrator may enter into an agreement with Water Resources Research Institutes to conduct the study under this section. The Administrator shall provide for a final report regarding the study to be submitted to the Congress not later than the expiration of the 16-month period beginning on the date of the enactment of this Act. The report may include recommendations of the Administrator with respect to revising hazard modeling and mapping.
Strike line 16 on page 46 and all that follows through page 47, line 7, and insert the following:
SEC. 40. INTERIM FINAL RULEMAKING.
The Administrator of the Federal Emergency Management Agency shall issue an interim final rule to implement the amendments made by this Act as soon as practicable, but not more than 18 months after the date of the enactment of this Act. The Administrator of the Federal Emergency Management Agency shall issue a final rule within one year after the effective date of the interim final rule. In the event that the deadlines in this section are not met, the Administrator shall report to the Congress monthly on the status of the rulemakings and the reasons for the failure to comply with the statutory deadlines.
Page 19, after line 8, insert the following new section:
SEC. 10. DISCOUNTED FLOOD INSURANCE RATES FOR PROPERTIES PROTECTED BY A FLOOD-PROTECTION SYSTEM FROM LESS THAN A 100-YEAR FREQUENCY FLOOD.
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:
“(g) Except as provided in subsection (f) and notwithstanding any other provision of law, flood insurance coverage shall be made available for a property that the Director determines is protected by a flood-protection system that does not provide protection against a 100-year frequency flood at premium rates that reflect a discount for the actual protection against flood risk afforded by such flood-protection system.”.
Legislative Activity
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House amendment offered
July 15, 2010
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House amendment offered
July 15, 2010
House amendment offered/reported by : Amendment (A001) offered by Ms. Waters.(consideration: CR H5641-5644; text: CR H5641-5643)
July 15, 2010 • 12:06 PM
House amendment agreed to: On agreeing to the Waters amendment (A001) Agreed to by voice vote.
July 15, 2010 • 12:12 PM
Amendment agreed to Committee of the Whole
July 15, 2010 • 12:12 PM
Amendment (A001) offered by Ms. Waters. (consideration: CR H5641-5644; text: CR H5641-5643)
July 15, 2010 • 12:06 PM
On agreeing to the Waters amendment (A001) Agreed to by voice vote.
July 15, 2010 • 12:12 PM