[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 253 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 253
To amend the National Flood Insurance Act of 1968 to reduce losses to
properties for which repetitive flood insurance claim payments have
been made.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 8, 2003
Mr. Bereuter (for himself and Mr. Blumenauer) introduced the following
bill; which was referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the National Flood Insurance Act of 1968 to reduce losses to
properties for which repetitive flood insurance claim payments have
been made.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Two Floods and You Are Out of the
Taxpayers' Pocket Act of 2003''.
SEC. 2. FLOOD LOSS REDUCTION FOR REPETITIVE FLOOD INSURANCE CLAIM
PROPERTIES.
Section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c) is amended--
(1) in subsection (a), by inserting after the first
sentence the following new sentence: ``In awarding grants under
this section for mitigation activities, the Director shall give
priority to properties for which repetitive flood insurance
claim payments have been made.'';
(2) in the last sentence of subsection (c), by inserting
before the period the following: ``, and shall address
properties in the area for which repetitive flood insurance
claim payments have been made''; and
(3) in subsection (f), by striking paragraph (3) and
inserting the following new paragraph:
``(3) Waiver.--The Director may waive the dollar amount
limitations under paragraphs (1) and (2) for any State or
community--
``(A) for any 5-year period when a major disaster
or emergency declared by the President (pursuant to the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)) as a result of
flood conditions is in effect with respect to areas in
the State or community; or
``(B) whenever the Director determines that the
State or community has properties for which repetitive
flood insurance claim payments have been made and that
waiver of the cost limitations is cost-effective and in
the best interests of the National Flood Insurance
Fund.''.
SEC. 3. NATIONAL FLOOD MITIGATION FUND.
(a) Credits.--Section 1367(b) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4104d(b)) is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1) amounts from the National Flood Insurance Fund, in
amounts not exceeding $70,000,000 in each of fiscal years 2004,
2005, 2006, and 2007, of which all amounts made available under
this paragraph in excess of $20,000,000 in each such fiscal
year shall be used only under section 1366 for mitigation
activities for properties for which repetitive flood insurance
claim payments have been made, such sums to remain available
until expended;'';
(2) in paragraph (2), by striking ``and'' at the end;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(4) any amounts which may be appropriated for the Fund,
which are authorized to be appropriated in amounts not
exceeding $50,000,000 in each of fiscal years 2004, 2005, 2006,
and 2007, which amounts shall be used only under section 1366
for mitigation activities that will address properties for
which repetitive flood insurance claim payments have been made,
such sums to remain available until expended.''.
SEC. 4. CONSOLIDATION OF AUTHORIZATIONS.
(a) In General.--The National Flood Insurance Act of 1968 is
amended as follows:
(1) Borrowing authority.--In the first sentence of section
1309(a) (42 U.S.C. 4016(a)), by striking ``through September''
and all that follows through ``, and'' and inserting the
following: ``through the date specified in section 1319, and''.
(2) Authority for contracts.--In section 1319 (42 U.S.C.
4026), by striking ``after'' and all that follows and inserting
``after September 30, 2007.''.
(3) Emergency implementation.--In section 1336(a) (42
U.S.C. 4056(a)), by striking ``during the period'' and all that
follows through ``in accordance'' and inserting ``during the
period ending on the date specified in section 1319, in
accordance''.
(4) Authorization of appropriations for studies.--In
section 1376(c) (42 U.S.C. 4127(c)), by striking ``through''
and all that follows and inserting the following: ``through the
date specified in section 1319.''.
SEC. 5. CHARGEABLE PREMIUM RATES.
(a) Actuarial Rate Properties.--Section 1308 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4015) is amended by striking
subsection (c) and inserting the following new subsection:
``(c) Actuarial Rate Properties.--Subject only to the limitation
provided under paragraph (1), 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 Director determines has
been started after December 31, 1974, or started after the
effective date of the initial rate map published by the
Director 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) Repetitive insurance claims properties.--Any property
for which the Director determines that repetitive flood
insurance claim payments have been made and the owner of which
has refused a buyout, elevation, or other flood mitigation
measure funded in whole or in part by the Federal Emergency
Management Agency.
``(3) Certain leased coastal and river properties.--Any
property leased from the Federal Government (including
residential and nonresidential properties) that the Director
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.''.
(b) Applicability of Annual Limitation on Premium Increases.--
Section 1308(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(e)) is amended by striking ``Notwithstanding'' and inserting
``Except with respect to properties described under paragraph (2) or
(3) of subsection (c) and notwithstanding''.
SEC. 6. REMOVING REPETITIVE INSURANCE CLAIMS PROPERTIES FROM FEDERAL
DISASTER ASSISTANCE RESPONSIBILITY.
(a) In General.--Section 582 of the National Flood Insurance Reform
Act of 1994 (42 U.S.C. 5154a) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Unmitigated Repetitive Insurance Claims Properties.--
Notwithstanding any other provision of law, no Federal disaster relief
assistance made available in a flood disaster area may be used to make
a payment (including any loan assistance payment) for repair,
replacement, or restoration for damage to any property in the area for
which--
``(1) repetitive flood insurance claim payments have been
made; and
``(2) in accordance with such requirements as the Director
may establish, mitigation assistance under section 1366 of this
Act or section 404 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170c) has been offered
to the owner of the property, before or after the occurrence of
the flood loss events, which was refused by the owner.''.
(b) Effective Date.--Notwithstanding subsection (f) of section 582
of the National Flood Insurance Reform Act of 1994 (as so redesignated
by paragraph (1)(A) of this subsection), the amendment made by
paragraph (1) shall apply to disasters declared after the date of the
enactment of this Act.
SEC. 7. MITIGATION GRANTS FOR REPETITIVE INSURANCE CLAIMS PROPERTIES.
(a) In General.--Chapter I of the National Flood Insurance Act of
1968 is amended by adding after section 1322 (42 U.S.C. 4029) the
following new section:
``grants for repetitive insurance claims properties
``Sec. 1323. The Director may provide funding for mitigation
actions that reduce flood damages to repetitive insurance claims
properties, but only if the Director determines that--
``(1) such activities are in the best interest of the
National Flood Insurance Fund;
``(2) the owner of such property has refused a buyout,
elevation, or other flood mitigation measure funded in whole or
in part by the Federal Emergency Management Agency; and
``(3) such activities can not be funded under the program
under section 1366 because--
``(A) the State or community in which the property
is located can not comply with the requirements of
section 1366(g); or
``(B) the State or community does not have the
capacity to manage such activities.''.
(b) Availability of National Flood Insurance Fund Amounts.--Section
1310(a) 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 new paragraph:
``(9) for funding for mitigation actions under section
1323.''.
SEC. 8. USE RESTRICTIONS ON ACQUIRED PROPERTY.
Section 1366(e)(5)(C) of the National Flood Insurance Act of 1968
(42 U.S.C. 4104c(e)(5)(C)) is amended by striking ``for public use, as
the Director determines is consistent with sound land management and
use in such area'' and inserting the following: ``except that the
Director may not provide amounts under this section for use for
acquisition of properties unless the State or community agrees, to the
satisfaction of the Director, that the instrument for acquisition of
the property will convey to the United States a future interest in all
right, title, and interest in and to all property acquired with the
amounts under this section that is contingent upon the condition that
the property acquired ceases to be dedicated and maintained for use
that is compatible with open space, recreational, or wetlands
management practices.''.
SEC. 9. DEFINITIONS OF REPETITIVE FLOOD INSURANCE CLAIM PAYMENTS AND
REPETITIVE INSURANCE CLAIMS PROPERTIES.
Section 1370(a) of the National Flood Insurance Act of 1968 (42
U.S.C. 4121(a)) is amended--
(1) in paragraph (7), by inserting after the paragraph
designation the following: ``for purposes of sections
1304(b)(1), 1315(a)(2)(A)(i), and 1366(e)(4),'';
(2) in paragraph (13), by striking ``and'' at the end;
(3) in paragraph (14), by striking the period at the end
and inserting a semicolon''; and
(4) by adding at the end the following new paragraphs:
``(15) the term `repetitive flood insurance claim payments'
means, with respect to a property, that claim payments for
losses to the property have been made under flood insurance
coverage under this title on more than one occasion within a
10-year period, with each such claim exceeding $1,000, without
regard to the ownership of the property; and
``(16) the term `repetitive insurance claims property'
means a property with respect to which repetitive flood
insurance claims payments have been made.''.
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