[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 996 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 996

    To improve the National Flood Insurance Program, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2013

 Ms. Landrieu introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
    To improve the National Flood Insurance Program, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DEFINITION.

    In this Act, the term ``Administrator'' means the Administrator of 
the Federal Emergency Management Agency.

SEC. 2. MAINTAINING RISK PREMIUM RATES FOR PROPERTIES PURCHASED AFTER 
              THE DATE OF ENACTMENT OF THE BIGGERT-WATERS FLOOD 
              INSURANCE REFORM ACT OF 2012.

    (a) In General.--Section 1307(g) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4014(g)) is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraphs (3) and (4) as paragraphs 
        (2) and (3), respectively.
    (b) Effective Date.--Subsection (a) shall take effect as if enacted 
on the date of enactment of the Biggert-Waters Flood Insurance Reform 
Act of 2012 (Public Law 112-141; 126 Stat. 916).

SEC. 3. DELAY IN FLOOD INSURANCE RATE CHANGES.

    (a) In General.--Any change in risk premium rates for flood 
insurance under the National Flood Insurance Program under the 
amendments made by sections 100205 and 100207 of the Biggert-Waters 
Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 917) 
to sections 1307 and 1308 of the National Flood Insurance Act of 1968 
(42 U.S.C. 4014 and 4015) shall not take effect until--
            (1) the date that is 180 days after the date on which the 
        Administrator submits the report on affordability under section 
        100236(c) of the Biggert-Waters Flood Insurance Reform Act of 
        2012; or
            (2) if the Administrator determines that the report on 
        affordability required under section 100236(c) of the Biggert-
        Waters Flood Insurance Reform Act of 2012 cannot be submitted 
        by the date specified under such section 100236(c), the date 
        that is 180 days after the date on which the Administrator 
        submits the information under section 100236(e)(2) of such Act, 
        as added by section 6 of this Act.
    (b) Effective Date.--Subsection (a) shall take effect as if enacted 
as part of the Biggert-Waters Flood Insurance Reform Act of 2012.

SEC. 4. STUDIES OF VOLUNTARY COMMUNITY-BASED FLOOD INSURANCE OPTIONS.

    (a) Study.--
            (1) Study required.--The Administrator shall conduct a 
        study to assess options, methods, and strategies for making 
        available voluntary community-based flood insurance policies 
        through the National Flood Insurance Program.
            (2) Considerations.--The study conducted under paragraph 
        (1) shall--
                    (A) take into consideration and analyze how 
                voluntary community-based flood insurance policies--
                            (i) would affect communities having varying 
                        economic bases, geographic locations, flood 
                        hazard characteristics or classifications, and 
                        flood management approaches; and
                            (ii) could satisfy the applicable 
                        requirements under section 102 of the Flood 
                        Disaster Protection Act of 1973 (42 U.S.C. 
                        4012a); and
                    (B) evaluate the advisability of making available 
                voluntary community-based flood insurance policies to 
                communities, subdivisions of communities, and areas of 
                residual risk.
            (3) Consultation.--In conducting the study required under 
        paragraph (1), the Administrator may consult with the 
        Comptroller General of the United States, as the Administrator 
        determines is appropriate.
    (b) Report by the Administrator.--
            (1) Report required.--Not later than 18 months after the 
        date of enactment of this Act, the Administrator shall submit 
        to the Committee on Banking, Housing, and Urban Affairs of the 
        Senate and the Committee on Financial Services of the House of 
        Representatives a report that contains the results and 
        conclusions of the study conducted under subsection (a).
            (2) Contents.--The report submitted under paragraph (1) 
        shall include recommendations for--
                    (A) the best manner to incorporate voluntary 
                community-based flood insurance policies into the 
                National Flood Insurance Program; and
                    (B) a strategy to implement voluntary community-
                based flood insurance policies that would encourage 
                communities to undertake flood mitigation activities, 
                including the construction, reconstruction, or 
                improvement of levees, dams, or other flood control 
                structures.
    (c) Report by Comptroller General.--Not later than 6 months after 
the date on which the Administrator submits the report required under 
subsection (b), the Comptroller General of the United States shall--
            (1) review the report submitted by the Administrator; and
            (2) submit to the Committee on Banking, Housing, and Urban 
        Affairs of the Senate and the Committee on Financial Services 
        of the House of Representatives a report that contains--
                    (A) an analysis of the report submitted by the 
                Administrator;
                    (B) any comments or recommendations of the 
                Comptroller General relating to the report submitted by 
                the Administrator; and
                    (C) any other recommendations of the Comptroller 
                General relating to community-based flood insurance 
                policies.

SEC. 5. AMENDMENTS TO NATIONAL FLOOD INSURANCE ACT OF 1968.

    (a) Adequate Progress on Construction of Flood Protection 
Systems.--Section 1307(e) of the National Flood Insurance Act of 1968 
(42 U.S.C. 4014(e)) is amended by inserting after the second sentence 
the following: ``Notwithstanding any other provision of law, in 
determining whether a community has made adequate progress on the 
construction, reconstruction, or improvement of a flood protection 
system, the Administrator shall not consider the level of Federal 
funding of or participation in the construction, reconstruction, or 
improvement.''.
    (b) Communities Restoring Disaccredited Flood Protection Systems.--
Section 1307(f) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4014(f)) is amended in the first sentence by striking ``no longer does 
so.'' and inserting the following: ``no longer does so, and shall apply 
without regard to the level of Federal funding of or participation in 
the construction, reconstruction, or improvement of the flood 
protection system.''.

SEC. 6. AFFORDABILITY STUDY.

    Section 100236 of the Biggert-Waters Flood Insurance Reform Act of 
2012 (Public Law 112-141; 126 Stat. 957) is amended--
            (1) in subsection (c), by striking ``Not'' and inserting 
        the following: ``Subject to subsection (e), not'';
            (2) in subsection (d)--
                    (A) by striking ``Notwithstanding'' and inserting 
                the following:
            ``(1) National flood insurance fund.--Notwithstanding''; 
        and
                    (B) by adding at the end the following:
            ``(2) Other funding sources.--To carry out this section, in 
        addition to the amount made available under paragraph (1), the 
        Administrator may use any other amounts that are available to 
        the Administrator.''; and
            (3) by adding at the end the following:
    ``(e) Alternative.--If the Administrator determines that the report 
required under subsection (c) cannot be submitted by the date specified 
under subsection (c)--
            ``(1) the Administrator shall notify, not later than 60 
        days after the date of enactment of this subsection, the 
        Committee on Banking, Housing, and Urban Affairs of the Senate 
        and the Committee on Financial Services of the House of 
        Representatives of an alternative method of gathering the 
        information required under this section;
            ``(2) the Administrator shall submit, not later than 180 
        days after the Administrator submits the notification required 
        under paragraph (1), to the Committee on Banking, Housing, and 
        Urban Affairs of the Senate and the Committee on Financial 
        Services of the House of Representatives the information 
        gathered using the alternative method described in paragraph 
        (1); and
            ``(3) upon the submission of information required under 
        paragraph (2), the requirement under subsection (c) shall be 
        deemed satisfied.''.

SEC. 7. FACILITIES IN COASTAL HIGH HAZARD AREAS.

    (a) Definitions.--In this section--
            (1) the term ``coastal high hazard area'' has the same 
        meaning as in section 9.4 of title 44, Code of Federal 
        Regulations, or any successor thereto;
            (2) the term ``eligible entity'' means an entity that 
        receives a contribution under section 406 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5172);
            (3) the term ``essential to a community's recovery'' means, 
        with respect to a structure or facility, that the structure or 
        facility is associated with the basic functions of a local 
        government, including public health and safety, education, law 
        enforcement, fire protection, and other critical government 
        operations; and
            (4) the term ``major disaster'' means a major disaster 
        declared by the President under section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170).
    (b) Regulations.--
            (1) Substantial improvements.--Notwithstanding section 9.4 
        of title 44, Code of Federal Regulations, an action relating to 
        a structure or facility located in a coastal high hazard area 
        for which an eligible entity received a contribution under 
        section 406 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5172) shall be deemed to be 
        a ``substantial improvement'' for purposes of part 9 of title 
        44, Code of Federal Regulations, if--
                    (A) the action involves the replacement of a 
                structure or facility that--
                            (i) was located in the coastal high hazard 
                        area before the incident that caused the 
                        structure or facility to be totally destroyed; 
                        and
                            (ii) is essential to a community's recovery 
                        from a major disaster;
                    (B) there is no practicable alternative to locating 
                a replacement structure or facility in the coastal high 
                hazard area;
                    (C) the replacement structure or facility conforms 
                to the most recent Flood Resistant Design and 
                Construction standard issued by the American Society of 
                Civil Engineers, or any more stringent standard 
                approved by the Administrator; and
                    (D) the eligible entity develops evacuation and 
                emergency response procedures to reduce the risk of 
                loss of human life and operational disruption from a 
                flood.
            (2) Relocation.--
                    (A) Relocation required.--The amendments under 
                paragraph (1) shall provide that if the Administrator 
                determines that there is a practicable alternative to 
                the original site of a structure or facility described 
                in paragraph (1) that is outside the coastal high 
                hazard area and that provides better protection against 
                the flood hazard or other hazards associated with 
                coastal high hazard areas, the replacement structure or 
                facility shall be relocated to the alternative site.
                    (B) Relocation.--If a replacement structure or 
                facility is relocated under subparagraph (A), the 
                original site for the destroyed structure or facility 
                shall be deed restricted in conformance with part 80 of 
                title 44, Code of Federal Regulations.
                    (C) No relocation.--If a replacement structure or 
                facility is rebuilt at the same location, the eligible 
                entity shall set aside an alternative parcel of land in 
                the coastal high hazard area of equal or greater size, 
                to be deed restricted in conformance with part 80 of 
                title 44, Code of Federal Regulations, that the 
                Administrator determines--
                            (i) provides better protection against 
                        floods; or
                            (ii) promotes the restoration of natural 
                        and beneficial functions of coastal 
                        floodplains, including protection to endangered 
                        species, critical habitat, wetlands, or coastal 
                        uses.
            (3) Applicability.--This section shall apply with respect 
        to any major disaster declared on or after the date of 
        enactment of this Act.
                                 <all>