H.R. 2246House115th Congress (2017-2019)In Committee

Taxpayer Exposure Mitigation Act of 2017

Introduced April 28, 2017

AI-Generated Summary

Updated April 15, 2026 at 3:10 PM UTC

The Taxpayer Exposure Mitigation Act of 2017 would end the rule that forces owners of commercial buildings in flood‑prone areas to carry federal flood insurance. It also directs the Federal Emergency Management Agency (FEMA) to shift more of the National Flood Insurance Program’s (NFIP) risk to private reinsurance and capital markets, and it updates how community flood maps are developed and approved.

Key Provisions

  • Repeals the mandatory flood‑insurance requirement for commercial properties located in designated flood hazard zones, allowing those owners to opt out of NFIP coverage.
  • Requires the FEMA administrator to annually transfer a portion of NFIP risk to private reinsurance or capital‑market instruments, setting a yearly “probable maximum loss” target to guide the amount transferred.
  • Adds new duties for the Technical Mapping Advisory Council to recommend standards for alternative community flood maps and lets FEMA adopt related policies without the usual notice‑and‑comment rulemaking.

Legislative Activity

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5 earlier actions
HouseCalendars Latest Action

Placed on the Union Calendar, Calendar No. 185.

July 25, 2017

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HouseIntro Referral

Introduced in House

April 28, 2017

HouseIntro Referral

Referred to the House Committee on Financial Services.

April 28, 2017

HouseCommittee

Committee Consideration and Mark-up Session Held.

June 21, 2017

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 36 - 24.

June 21, 2017

HouseCommittee

Reported (Amended) by the Committee on Financial Services. H. Rept. 115-255.

July 25, 2017

HouseCalendars

Placed on the Union Calendar, Calendar No. 185.

July 25, 2017

Floor Debate

24 members

What members said about H.R. 2246 on the floor

13 Republicans11 Democrats
Maxine Waters
Rep. Maxine WatersD-CA-43 · Nov 14, 2017

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in opposition to H.R. 2874, legislation that will make flood insurance more expensive, less available, and less fair…

Jeb Hensarling
Rep. Jeb HensarlingR-TX-5 · Nov 14, 2017

Mr. Speaker, pursuant to House Resolution 616, I call up the bill (H.R. 2874) to achieve reforms to improve the financial stability of the National Flood Insurance Program, to enhance the development…

J. French Hill
Rep. J. French HillR-AR-2 · Nov 14, 2017

Mr. Speaker, I thank my chairman. Mr. Speaker, I rise in strong support of this bill sponsored by my friend, Representative Sean Duffy. He has worked tirelessly in crafting a solution here, along…

Charlie Crist
Rep. Charlie CristD-FL-13 · Nov 14, 2017

Mr. Speaker, I want to thank the ranking member for her leadership. Mr. Speaker, I rise today in strong opposition to this bill. We must get flood insurance right, and that starts with affordability.…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-9 · Nov 14, 2017

Mr. Speaker, I have a motion to recommit at the desk. Mr. Speaker, in this form, yes. Mr. Speaker, this is the final amendment to the bill, which will not kill the bill or send it back to the…

Show 8 more
Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Nov 14, 2017

Mr. Speaker, I appreciate the gentleman's courtesy in yielding me this time. I have enjoyed listening to the debate back and forth. There is no area in Congress that I have spent more time on, over…

Sean P. Duffy
Rep. Sean P. DuffyR-WI-7 · Nov 14, 2017

Mr. Speaker, I want to thank Chairman Hensarling for all his good and relentless hard work on this bill. I appreciate his tenacity. I want to thank Mr. Blumenauer for the comments that he just made.…

Dennis A. Ross
Rep. Dennis A. RossR-FL-15 · Nov 14, 2017

Mr. Speaker, I thank the chairman for yielding. Mr. Speaker, I rise in support of the 21st Century Flood Reform Act, which would give communities in the Tampa Bay area and all of our constituents a…

Blaine Luetkemeyer
Rep. Blaine LuetkemeyerR-MO-3 · Nov 14, 2017

Mr. Speaker, I rise today in support of the 21st Century Flood Reform Act. Chairman Hensarling and Chairman Duffy have crafted a great substitute amendment that will bring about meaningful reform of…

Emanuel Cleaver
Rep. Emanuel CleaverD-MO-5 · Nov 14, 2017

Mr. Speaker, I rise in opposition to H.R. 2874, the 21st Century Flood Reform Act. When the Financial Services Committee began the process to reauthorize the National Flood Insurance Program, I was…

Cedric L. Richmond
Rep. Cedric L. RichmondD-LA-2 · Nov 14, 2017

Mr. Speaker, I want to thank Congresswoman Waters, the ranking member. Oftentimes in this body, we talk about leadership. Leadership is what Congresswoman Waters did after Hurricanes Katrina and…

David Scott
Rep. David ScottD-GA-13 · Nov 14, 2017

Mr. Speaker, I thank Ranking Member Waters for yielding. First, it is very important for us to understand that flooding, Mr. Speaker, is no longer just a coastal lawmaker's problem. Flooding is now…

Keith J. Rothfus
Rep. Keith J. RothfusR-PA-12 · Nov 14, 2017

Mr. Speaker, I thank the chairman for yielding. Mr. Speaker, I rise today to express my support for the 21st Century Flood Reform Act. I commend my colleagues on the Financial Services Committee for…

Show 11 more
Frank A. LoBiondo
Rep. Frank A. LoBiondoR-NJ-2 · Nov 14, 2017

Mr. Speaker, I thank my colleagues, Ms. Waters, Mr. Hensarling, and Mr. Duffy, for their work on this bill, and especially to my good friend, Steve Scalise. I know there was an effort to do this the…

Edward R. Royce
Rep. Edward R. RoyceR-CA-39 · Nov 14, 2017

Mr. Speaker, I rise in strong support of the 21st Century Flood Reform Act. I think what Chairman Jeb Hensarling was able to do here, and Chairman Duffy, is put forward a bill that has really brought…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Nov 14, 2017

Mr. Speaker, I thank my colleague from Texas, Chairman Hensarling, for yielding. Mr. Speaker, I rise in support of this bill that, really, if you look at what we are trying to achieve here, it is a…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-12 · Nov 14, 2017

Mr. Speaker, I thank the gentlewoman for yielding and for her leadership. Mr. Speaker, I rise today in opposition to H.R. 2874. There are some good things in this bill, including the Zeldin-Maloney…

Barry Loudermilk
Rep. Barry LoudermilkR-GA-11 · Nov 14, 2017

Mr. Speaker, I also want to thank Chairman Hensarling and Chairman Duffy for their tireless work on this bill. They have labored endless hours to bring this bill to the floor, and we are very…

Michael E. Capuano
Rep. Michael E. CapuanoD-MA-7 · Nov 14, 2017

Mr. Speaker, I don't even know if I need 2 minutes. Look, this bill has some good things in it. Everybody admits that. It does. Like every bill I have ever voted on, there is some good, there is some…

Nydia M. Velázquez
Rep. Nydia M. VelázquezD-NY-7 · Nov 14, 2017

Mr. Speaker, I thank the gentlewoman for yielding. Mr. Speaker, I rise in opposition to H.R. 2874. This bill makes flood insurance more expensive, less available, and less fair for millions of…

Tom Emmer
Rep. Tom EmmerR-MN-6 · Nov 14, 2017

Mr. Speaker, I rise in support of the 21st Century Flood Reform Act, which will reauthorize and reform our National Flood Insurance Program. The NFIP provides important relief. Millions of Americans…

Thomas MacArthur
Rep. Thomas MacArthurR-NJ-3 · Nov 14, 2017

Mr. Speaker, I also am from the Northeast, from New Jersey, and I rise in support of this bill today. Five years ago, Superstorm Sandy devastated my district. Ocean County, my home, was the epicenter…

Al Green
Rep. Al GreenD-TX-9 · Nov 14, 2017

Mr. Speaker, I thank the ranking member, and I thank the chair of the committee as well. Mr. Speaker, I am opposed to the legislation. I am opposed to it because it does not give hardworking…

Peter T. King
Rep. Peter T. KingR-NY-2 · Nov 14, 2017

Mr. Speaker, I thank the gentlewoman for yielding, and I appreciate her courtesy. I did ask my side for time. Unfortunately, they had no time available, so I thank the gentlewoman for coming to my…

Bill Text

2 versions available

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Latest
Reported in HouseIssued July 25, 2017

IB

Union Calendar No. 185

115th CONGRESS

1st Session

H. R. 2246

[Report No. 115–255]

IN THE HOUSE OF REPRESENTATIVES

April 28, 2017

Mr. Luetkemeyer introduced the following bill; which was referred to the Committee on Financial Services

July 25, 2017

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on April 28, 2017


A BILL

To repeal the mandatory flood insurance coverage requirement for commercial properties located in flood hazard areas and to provide for greater transfer of risk under the National Flood Insurance Program to private capital and reinsurance markets, and for other purposes.


1.

Short title

This Act may be cited as the Taxpayer Exposure Mitigation Act of 2017.

2.

Opt-out of mandatory coverage requirement for commercial properties

(a)

Amendments to Flood Disaster Protection Act of 1973

The Flood Disaster Protection Act of 1973 is amended—

(1)

in section 3(a) (42 U.S.C. 4003(a))—

(A)

in paragraph (10), by striking and at the end;

(B)

in paragraph (11), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following new paragraph:

(12)

residential improved real estate means improved real estate that—

(A)

is primarily used for residential purposes, as defined by the Federal entities for lending regulation; and

(B)

secures financing or financial assistance provided through a federally related single family loan progam, as defined by the Federal entities for lending regulation.

; and

(2)

in section 102 (42 U.S.C. 4012a)—

(A)

in subsection (b)—

(i)

in paragraph (1)(A)—

(I)

by inserting residential before improved real estate; and

(II)

by inserting residential before building or mobile home;

(ii)

in paragraph (2)—

(I)

by inserting residential before improved real estate; and

(II)

by inserting residential before building or mobile home; and

(iii)

in paragraph (3)—

(I)

in subparagraph (A), by inserting residential before improved real estate; and

(II)

in the matter after and below subparagraph (B), by inserting residential before building or mobile home;

(B)

in subsection (c)(3), by striking , in the case of any residential property, for any structure that is a part of such property and inserting for any structure that is part of a residential property;

(C)

in subsection (e)—

(i)

in paragraph (1)—

(I)

by inserting residential before improved real estate; and

(II)

by inserting residential before building or mobile home each place such term appears; and

(ii)

in paragraph (5)—

(I)

in subparagraph (A)—

(aa)

by inserting residential before improved real estate each place such term appears; and

(bb)

by inserting residential before building or mobile home each place such term appears;

(II)

in subparagraph (B), by inserting residential before building or mobile home each place such term appears; and

(III)

in subparagraph (C), by inserting residential before building or mobile home; and

(D)

in subsection (h)—

(i)

by inserting residential before improved real estate each place such term appears; and

(ii)

in the matter preceding paragraph (1), by inserting residential before building or mobile home.

(b)

Amendments to National Flood Insurance Act of 1968

The National Flood Insurance Act of 1968 is amended—

(1)

in section 1364(a) (42 U.S.C. 4104a(a))—

(A)

in paragraph (1), by inserting residential before improved real estate;

(B)

in paragraph (2), by inserting residential before improved real estate; and

(C)

in paragraph (3)(A), by inserting residential before building;

(2)

in section 1365 (42 U.S.C. 4104b)—

(A)

in subsection (a)—

(i)

by inserting residential before improved real estate; and

(ii)

by inserting residential before building;

(B)

in subsection (b)(2)—

(i)

by inserting residential before building each place such term appears; and

(ii)

by inserting residential before improved real estate each place such term appears;

(C)

in subsection (d), by inserting residential before improved real estate each place such term appears; and

(D)

in subsection (e)—

(i)

by inserting residential before improved real estate; and

(ii)

by inserting residential before building each place such term appears; and

(3)

in section 1370 (42 U.S.C. 4121)—

(A)

in paragraph (8), by inserting residential before improved real estate;

(B)

by redesignating paragraphs (14) and (15) as paragraphs (15) and (16), respectively; and

(C)

by inserting after paragraph (13) the following new paragraph:

(14)

the term residential improved real estate means improved real estate that—

(A)

is primarily used for residential purposes, as defined by the Federal entities for lending regulation; and

(B)

secures financing or financial assistance provided through a federally related single family loan progam, as defined by the Federal entities for lending regulation;

.

(c)

Rule of construction

This section and the amendments made by this section may not be construed to prohibit the Administrator of the Federal Emergency Management Agency from offering flood insurance coverage under the National Flood Insurance Program for eligible non-residential properties, other residential multifamily properties, or structures financed with commercial loans, or to prohibit the purchase of such coverage for such eligible properties.

3.

Risk transfer requirement

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)

Risk transfer

(1)

Authority

The Administrator

; and

(2)

by adding at the end the following new paragraph:

(2)

Required risk transfer coverage

(A)

Requirement

Not later than the expiration of the 18-month period beginning upon the date of the enactment of this paragraph and at all times thereafter, the Administrator shall annually cede a portion of the risk of the flood insurance program under this title to the private reinsurance or capital markets, or any combination thereof, and at rates and terms that the Administrator determines to be reasonable and appropriate, in an amount that—

(i)

is sufficient to maintain the ability of the program to pay claims; and

(ii)

manages and limits the annual exposure of the flood insurance program to flood losses in accordance with the probable maximum loss target established for such year under subparagraph (B).

(B)

Probable maximum loss target

The Administrator shall for each fiscal year, establish a probable maximum loss target for the national flood insurance program that shall be the maximum probable loss under the national flood insurance program that is expected to occur in such fiscal year.

(C)

Considerations

In establishing the probable maximum loss target under subparagraph (B) for each fiscal year and carrying out subparagraph (A), the Administrator shall consider—

(i)

the probable maximum loss targets for other United States public natural catastrophe insurance programs, including as State wind pools and earthquake programs;

(ii)

the probable maximum loss targets of other risk management organizations, including the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation;

(iii)

catastrophic, actuarial, and other appropriate data modeling results of the national flood insurance program portfolio;

(iv)

the availability of funds in the National Flood Insurance Fund established under section 1310 (42 U.S.C. 4017);

(v)

the availability of funds in the National Flood Insurance Reserve Fund established under section 1310A (42 U.S.C. 4017a);

(vi)

the availability of borrowing authority under section 1309 (42 U.S.C. 4016);

(vii)

the ability of the Administrator to repay outstanding debt;

(viii)

amounts appropriated to the Administrator to carry out the national flood insurance program;

(ix)

reinsurance, capital markets, catastrophe bonds, collateralized reinsurance, resilience bonds, and other insurance-linked securities, and other risk transfer opportunities; and

(x)

any other factor the Administrator determines appropriate.

(D)

Multi-year contracts

Nothing in this paragraph may be construed to prevent or prohibit the Administrator from complying with the requirement under subparagraph (A) regarding ceding risk through contracts having a duration longer than one year.

.

4.

Community flood maps

(a)

Technical Mapping Advisory Council

Section 100215 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101a) is amended—

(1)

in subsection (c)—

(A)

in paragraph (5)(B), by striking and at the end;

(B)

by redesignating paragraph (6) as paragraph (9); and

(C)

by inserting after paragraph (5) the following new paragraphs:

(6)

recommend to the Administrator methods or actions to make the flood mapping processes more efficient;

(7)

recommend to the Administrator methods or actions to minimize any cost, data, and paperwork requirements of the flood mapping processes;

(8)

assist communities, and in particular smaller communities, in locating the resources required to participate in the development of flood elevations and flood hazard area designations; and

; and

(2)

by adding at the end the following new subsection:

(m)

Community flood maps

(1)

Standards and procedures

In addition to the other duties of the Council under this section, not later than the expiration of the 12-month period beginning on the date of the enactment of this subsection, the Council shall recommend to the Administrator standards and requirements for chief executive officers, or entities designated by chief executive officers, of States and communities participating in the National Flood Insurance Program to use in mapping flood hazards located in States and communities that choose to develop alternative maps to the flood insurance rate maps developed by the Agency. The recommended standards and requirements shall include procedures for providing notification and appeal rights to individuals within the communities of the proposed flood elevation determinations.

(2)

Exemption from rulemaking

Until such time as the Administrator promulgates regulations implementing paragraph (1) of this subsection, the Administrator may, notwithstanding any other provision of law, adopt policies and procedures necessary to implement such paragraphs without undergoing notice and comment rulemaking and without conducting regulatory analyses otherwise required by statute, regulation, or executive order.

.

(b)

FEMA identification of flood-prone areas

Subsection (a) of section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(a)) is amended—

(1)

in paragraph (2), by striking the period at the end and inserting ; and;

(2)

by redesignating paragraphs (1) and (2) as subparagraphs (A), and (B), respectively, and realigning such subparagraphs so as to be indented 4 ems from the left margin;

(3)

by striking is authorized to consult and inserting the following:

is authorized—

(1)

to consult

;

(4)

by adding at the end the following new paragraph:

(2)

to receive proposed alternative maps from communities developed pursuant to standards and requirements recommended by the Technical Mapping Advisory Council, as required by section 100215(m) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101a(m)) and adopted by the Administrator as required by section 100216(c)(3) of such Act (42 U.S.C. 4101b(c)(3)), so that the Administrator may—

(A)

publish information with respect to all flood plain areas, including coastal areas located in the United States, which have special flood hazards, and

(B)

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.

.

(c)

National Flood Mapping Program

Section 100216 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b) is amended—

(1)

in subsection (a), by inserting prepared by the Administrator, or by a community pursuant to section 1360(a)(2) of the National Flood Insurance Act of 1968, after Program rate maps;

(2)

in subsection (c)—

(A)

in paragraph (1)(B), by striking and at the end;

(B)

in paragraph (2)(C), by striking the period at the end and inserting a semicolon; and

(C)

by adding at the end the following new paragraphs:

(3)

establish and adopt standards and requirements for development by States and communities of alternative flood insurance rate maps to be submitted to the Administrator pursuant to section 1360(a)(2) of the National Flood Insurance Act of 1968, taking into consideration the recommendations of the Technical Mapping Advisory Council made pursuant to section 100215(m) of this Act (42 U.S.C. 4101a(m)); and

(4)

in the case of proposed alternative maps received by the Administrator pursuant to such section 1360(a)(2), not later than the expiration of the 6-month period beginning upon receipt of such proposed alternative maps—

(A)

determine whether such maps were developed in accordance with the standards and requirements adopted pursuant to paragraph (3) of this subsection; and

(B)

approve or disapprove such proposed maps for use under National Flood Insurance Program.

; and

(3)

in subsection (d)(1), by inserting maximum before 30-day period each place such term appears in subparagraphs (B) and (C).

July 25, 2017

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed