[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1571 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1571

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 17, 2017

 Mr. Crapo (for himself and Mr. Brown) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
  To reauthorize 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. SHORT TITLE.

    This Act may be cited as the ``National Flood Insurance Program 
Reauthorization Act of 2017''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Extension of National Flood Insurance Program.
                        TITLE I--RISK MITIGATION

Sec. 101. Community preparation for repetitively flooded areas.
Sec. 102. Wildfires on Federal land.
Sec. 103. Increased cost of compliance.
Sec. 104. Predisaster hazard mitigation program authorization.
Sec. 105. Disclosure of flood risk information upon transfer of 
                            property.
Sec. 106. Multifamily mitigation.
Sec. 107. Technical assistance.
              TITLE II--FLOOD MAPPING PROGRAM IMPROVEMENTS

Sec. 201. Reauthorization of mapping program.
Sec. 202. National Flood Mapping Program improvements.
                    TITLE III--PROGRAM IMPROVEMENTS

Sec. 301. Replacement cost in determining premium rates.
Sec. 302. Risk transfer options.
Sec. 303. Participation studies.
Sec. 304. Study regarding coverage for business interruption.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) the term ``Administrator'' means the Administrator of 
        the Federal Emergency Management Agency;
            (2) the term ``appropriate committees of Congress'' means--
                    (A) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate; and
                    (B) the Committee on Financial Services of the 
                House of Representatives;
            (3) the term ``Federal entity for lending regulation'' has 
        the meaning given the term in section 3(a) of the Flood 
        Disaster Protection Act of 1973 (42 U.S.C. 4003(a));
            (4) the term ``mandatory purchase requirement'' means the 
        requirement under subsections (a) and (b) of section 102 of the 
        Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) to have 
        flood insurance coverage; and
            (5) the term ``National Flood Insurance Program'' means the 
        program established under the National Flood Insurance Act of 
        1968 (42 U.S.C. 4001 et seq.).

SEC. 4. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM.

    (a) Financing.--Section 1309(a) of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4016(a)) is amended, in the first sentence, by 
striking ``September 30, 2017'' and inserting ``September 30, 2023''.
    (b) Program Expiration.--Section 1319 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking 
``September 30, 2017'' and inserting ``September 30, 2023''.

                        TITLE I--RISK MITIGATION

SEC. 101. COMMUNITY PREPARATION FOR REPETITIVELY FLOODED AREAS.

    (a) In General.--Section 1361 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4102) is amended by adding at the end the following:
    ``(e) Community Preparation for Repetitively Flooded Areas.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `covered community' means a 
                community--
                            ``(i) that is participating, under section 
                        1315, in the national flood insurance program; 
                        and
                            ``(ii) within which are located--
                                    ``(I) 50 or more repetitive loss 
                                structures;
                                    ``(II) 5 or more severe repetitive 
                                loss structures for which mitigation 
                                activities meeting the standards for 
                                approval under section 1366(c)(2)(A) 
                                have not been conducted; or
                                    ``(III) a public facility or a 
                                private nonprofit facility that has 
                                received assistance for repair, 
                                restoration, reconstruction, or 
                                replacement under section 406 of the 
                                Robert T. Stafford Disaster Relief and 
                                Emergency Assistance Act (42 U.S.C. 
                                5172) in connection with more than 1 
                                flooding event in the most recent 10-
                                year period;
                    ``(B) the terms `private nonprofit facility' and 
                `public facility' have the meanings given those terms 
                in section 102 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5122);
                    ``(C) the term `repetitive loss structure' has the 
                meaning given the term in section 1370(a); and
                    ``(D) the term `severe repetitive loss structure' 
                has the meaning given the term in section 1366(h).
            ``(2) Requirements.--The Administrator shall, by 
        regulation, require any covered community--
                    ``(A) to identify the areas within the covered 
                community where properties described in paragraph 
                (1)(A)(ii) or flood-damaged facilities are located to 
                determine areas repetitively damaged by floods and to 
                assess, with assistance from the Administrator, the 
                continuing risks to such areas;
                    ``(B) to develop a community-specific plan for 
                mitigating continuing flood risks to such repetitively 
                flooded areas and to submit such plan and plan updates 
                to the Administrator at appropriate intervals;
                    ``(C) to implement such plans; and
                    ``(D) to make such plans, plan updates, and reports 
                on progress in reducing flood risk available to the 
                public, subject to section 552a of title 5, United 
                States Code.
            ``(3) Incorporation into existing plans.--A plan developed 
        pursuant to paragraph (2) may be incorporated into a mitigation 
        plan developed under section 1366 and a hazard mitigation plan 
        developed under section 322 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5165).
            ``(4) Assistance to a covered community.--
                    ``(A) Data.--To assist a covered community in 
                preparation of a plan required under paragraph (2), the 
                Administrator shall, upon request, provide a covered 
                community with appropriate data regarding the property 
                addresses and dates of claims associated with insured 
                properties within the covered community.
                    ``(B) Mitigation grants.--In making a determination 
                regarding financial assistance under the authorities of 
                this title, the Administrator may consider the extent 
                to which a covered community has complied with this 
                subsection and is working to remedy problems with 
                addressing repetitively flooded areas.
            ``(5) Sanctions.--
                    ``(A) In general.--The Administrator shall, by 
                regulations issued in accordance with the procedures 
                established under section 553 of title 5, United States 
                Code, regarding substantive rules, provide appropriate 
                sanctions for a covered community that fails to comply 
                with the requirements under this subsection or to make 
                sufficient progress in reducing the flood risks to 
                areas in the covered community that are repetitively 
                damaged by floods.
                    ``(B) Notice.--Before imposing any sanction 
                pursuant to this paragraph, the Administrator shall 
                provide the covered community involved with notice of 
                the noncompliance that could result in the imposition 
                of sanctions, which shall include recommendations for 
                actions to bring the covered community into compliance 
                with this subsection.
                    ``(C) Considerations.--In determining appropriate 
                sanctions to impose under this paragraph, the 
                Administrator shall consider the resources available to 
                the covered community involved, including Federal 
                funding, the portion of the covered community that lies 
                within an area having special flood hazards, and other 
                factors that make it difficult for the covered 
                community to conduct mitigation activities for existing 
                flood-prone structures.
            ``(6) Reports to congress.--Not later than 6 years after 
        the date of enactment of this subsection, and not less 
        frequently than every 2 years thereafter, the Administrator 
        shall submit a report to Congress regarding the progress of 
        covered communities in implementing plans developed pursuant to 
        paragraph (2)(B).''.
    (b) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Administrator shall issue regulations necessary to 
carry out subsection (e) of section 1361 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4102), as added by subsection (a) of 
this section.

SEC. 102. WILDFIRES ON FEDERAL LAND.

    (a) Definition of Major Disaster for Wildfire on Federal Land.--
            (1) In general.--Section 102 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) 
        is amended--
                    (A) by redesignating paragraphs (3) through (12) as 
                paragraphs (4) through (13), respectively; and
                    (B) by inserting after paragraph (2) the following:
            ``(3) Major disaster for wildfire on federal land.--The 
        term `major disaster for wildfire on Federal land' means any 
        wildfire or wildfires that in the determination of the 
        President in accordance with section 802 warrants assistance 
        under section 803 to supplement the efforts and resources of 
        the Secretary of the Interior or the Secretary of Agriculture--
                    ``(A) on Federal land; or
                    ``(B) on non-Federal land in accordance with a fire 
                protection agreement or cooperative agreement.''.
            (2) Conforming amendment.--Section 251(b)(2)(D)(iii) of the 
        Balanced Budget and Emergency Deficit Control Act of 1985 (2 
        U.S.C. 901(b)(2)(D)(iii)) is amended by striking ``section 
        102(2) of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5122(2))'' and inserting ``paragraph 
        (2) or (3) of section 102 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5122)''.
    (b) Declaration of a Major Disaster for Wildfire on Federal Land.--
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) is amended by adding at the end the following:

       ``TITLE VIII--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND

``SEC. 801. DEFINITIONS.

    ``In this title:
            ``(1) Federal land.--The term `Federal land' means--
                    ``(A) any land under the jurisdiction of the 
                Secretary of the Interior; and
                    ``(B) any land under the jurisdiction of the 
                Secretary of Agriculture, acting through the Chief of 
                the Forest Service.
            ``(2) Federal land management agencies.--The term `Federal 
        land management agencies' means--
                    ``(A) the Bureau of Land Management;
                    ``(B) the National Park Service;
                    ``(C) the Bureau of Indian Affairs;
                    ``(D) the United States Fish and Wildlife Service; 
                and
                    ``(E) the Forest Service.
            ``(3) Secretary concerned.--The term `Secretary concerned' 
        means--
                    ``(A) the Secretary of the Interior, with respect 
                to land under the jurisdiction of the Secretary of the 
                Interior; and
                    ``(B) the Secretary of Agriculture, with respect to 
                land under the jurisdiction of the Secretary of 
                Agriculture, acting through the Chief of the Forest 
                Service.
            ``(4) Wildfire suppression operations.--The term `wildfire 
        suppression operations' means the emergency and unpredictable 
        aspects of wildland firefighting, including support, response, 
        emergency stabilization activities, and other emergency 
        management activities of wildland firefighting on Federal land, 
        or on non-Federal land in accordance with a fire protection 
        agreement or cooperative agreement, by the Federal land 
        management agencies covered by--
                    ``(A) the wildfire suppression subactivity of the 
                Wildland Fire Management account of the Federal land 
                management agencies; or
                    ``(B) the FLAME Wildfire Suppression Reserve Fund 
                account of the Federal land management agencies.

``SEC. 802. PROCEDURE FOR DECLARATION OF A MAJOR DISASTER FOR WILDFIRE 
              ON FEDERAL LAND.

    ``(a) In General.--The Secretary concerned may submit a request to 
the President in accordance with the requirements of this title for a 
declaration by the President that a major disaster for wildfire on 
Federal land exists.
    ``(b) Requirements.--A request for a declaration by the President 
that a major disaster for wildfire on Federal land exists shall--
            ``(1) be made in writing by the Secretary concerned;
            ``(2) certify that the amount made available for the 
        current fiscal year for wildfire suppression operations of the 
        Federal land management agencies under the jurisdiction of the 
        Secretary concerned, net of any concurrently enacted 
        rescissions of wildfire suppression funds, increases the total 
        unobligated balance of the amount available for wildfire 
        suppression by an amount equal to not less than 70 percent of 
        the average total cost incurred by the Federal land management 
        agencies per year for wildfire suppression operations, 
        including the suppression costs in excess of amounts made 
        available, for the previous 10 fiscal years;
            ``(3) certify that, for the current fiscal year, an amount 
        equal to not less than 30 percent of the average total cost 
        incurred by the Federal land management agencies per year for 
        wildfire suppression operations, including the suppression 
        costs in excess of amounts made available, for the previous 10 
        fiscal years, has been made available for the Federal land 
        management agencies under the jurisdiction of the Secretary 
        concerned for the purpose of funding--
                    ``(A) projects and activities on Federal land that 
                improve the fire regime of areas that meet the desired 
                future conditions of the applicable land and resource 
                management plan or land use plan; or
                    ``(B) restoration and resiliency projects and 
                activities on Federal land that meet the desired future 
                conditions of the applicable land and resource 
                management plan or land use plan;
            ``(4) certify that, for the current fiscal year--
                    ``(A) the sum of the amounts certified under 
                paragraphs (2) and (3) is equal to not less than 100 
                percent of the average total cost incurred by the 
                Federal land management agencies per year for wildfire 
                suppression operations, including the suppression costs 
                in excess of amounts made available, for the previous 
                10 fiscal years; and
                    ``(B) the amount certified under paragraph (3) is 
                in addition to and supplements other amounts made 
                available for the Federal land management agencies for 
                projects and activities described in subparagraphs (A) 
                and (B) of paragraph (3) that equal or exceed the 
                amount made available for those projects and activities 
                for fiscal year 2017, subject to the condition that the 
                amount made available for those projects and activities 
                for fiscal year 2017 shall be adjusted annually 
                beginning with fiscal year 2019 to reflect changes 
                during the preceding fiscal year in the Consumer Price 
                Index for All Urban Consumers published by the Bureau 
                of Labor Statistics of the Department of Labor;
            ``(5) certify that the amount available for wildfire 
        suppression operations of the Federal land management agencies 
        under the jurisdiction of the Secretary concerned will be 
        obligated not later than 30 days after the Secretary concerned 
        notifies the President that amounts for wildfire suppression 
        operations will be exhausted to fund ongoing and anticipated 
        wildfire suppression operations for which the request is made; 
        and
            ``(6) specify the amount required for the fiscal year for 
        which the request is made to fund wildfire suppression 
        operations for which the request is made.
    ``(c) Declaration.--Based on the request of the Secretary concerned 
in accordance with this title, the President may declare that a major 
disaster for wildfire on Federal land exists.
    ``(d) List of Projects Reporting Requirement.--Not later than 
November 1 of each fiscal year, the Secretary of Agriculture and the 
Secretary of the Interior shall each submit to the Committee on 
Agriculture, Nutrition, and Forestry, the Committee on Appropriations, 
and the Committee on Energy and Natural Resources of the Senate and the 
Committee on Agriculture, the Committee on Appropriations, and the 
Committee on Agriculture of the House of Representatives a list of 
projects and activities described in subparagraphs (A) and (B) of 
subsection (b)(3) to be conducted using amounts described in subsection 
(b)(3).

``SEC. 803. WILDFIRE ON FEDERAL LAND ASSISTANCE.

    ``(a) In General.--During a period for which a major disaster for 
wildfire on Federal land has been declared under section 802, the 
President may transfer funds only from the account established by 
subsection (b) to the Secretary concerned to conduct wildfire 
suppression operations on--
            ``(1) Federal land; and
            ``(2) non-Federal land in accordance with a fire protection 
        agreement or cooperative agreement.
    ``(b) Wildfire Suppression Operations Disaster Account.--
            ``(1) In general.--There is established a special account 
        for the assistance available under a declaration of a major 
        disaster for wildfire on Federal land under section 802.
            ``(2) Use.--The account established by paragraph (1) may 
        only be used to provide assistance in accordance with this 
        title.
            ``(3) Authorization of appropriations.--Subject to the 
        limitation described in subsection (c)(2), there are authorized 
        to be appropriated to the account established by paragraph (1) 
        such sums as are necessary to provide assistance in accordance 
        with this title.
    ``(c) Limitations.--
            ``(1) Limitation of transfer.--
                    ``(A) In general.--The assistance available under a 
                declaration of a major disaster for wildfire on Federal 
                land under section 802 shall be limited to the transfer 
                of the amount requested in accordance with section 
                802(b)(6).
                    ``(B) Wildfire suppression operations disaster 
                account.--The assistance available for transfer under 
                this section shall not exceed the amount contained in 
                the account established by subsection (b)(1).
            ``(2) Maximum transfer amount limitation.--If a bill or 
        joint resolution making appropriations for a fiscal year is 
        enacted that specifies an amount for wildfire suppression 
        operations in the Wildland Fire Management accounts of the 
        Department of Agriculture or the Department of the Interior, 
        the total amount of assistance appropriated to and transferred 
        from the account established by subsection (b)(1) and in 
        accordance with a declaration of a major disaster for wildfire 
        on Federal land under section 802 to those Wildland Fire 
        Management accounts for that fiscal year shall not exceed 
        $1,647,000,000.
            ``(3) Transfer of funds.--A transfer under this section 
        shall be made from the wildfire suppression operations account 
        to the wildfire suppression subactivity of the Wildland Fire 
        Management accounts, to remain available until expended.
    ``(d) Prohibition of Other Transfers.--Except as provided in this 
section, no amounts may be transferred to or from the account 
established by subsection (b)(1) to or from any other fund or account.
    ``(e) Reimbursement for Wildfire Suppression Operations on Non-
Federal Land.--If amounts transferred under this section are used to 
conduct wildfire suppression operations on non-Federal land, the 
Secretary concerned shall--
            ``(1) secure reimbursement for the cost of those wildfire 
        suppression operations; and
            ``(2) transfer the amounts received under paragraph (1) to 
        the account established by subsection (b)(1).
    ``(f) Annual Accounting and Reporting Requirements.--
            ``(1) In general.--Not later than 90 days after the last 
        day of each fiscal year for which assistance is received under 
        this section, the Secretary concerned shall submit to the 
        committees described in paragraph (2), and make available to 
        the public, a report that describes the following:
                    ``(A) The risk-based factors that influenced 
                management decisions regarding wildfire suppression 
                operations of the Federal land management agencies 
                under the jurisdiction of the Secretary concerned.
                    ``(B) Specific discussion of a statistically 
                significant sample of large fires, in which each fire 
                is analyzed for--
                            ``(i) cost drivers;
                            ``(ii) the effectiveness of risk management 
                        techniques;
                            ``(iii) resulting positive or negative 
                        impacts of fire on the landscape;
                            ``(iv) the impact of investments in 
                        preparedness;
                            ``(v) suggested corrective actions; and
                            ``(vi) such other factors as the Secretary 
                        concerned considers appropriate.
                    ``(C) Total expenditures for wildfire suppression 
                operations of the Federal land management agencies 
                under the jurisdiction of the Secretary concerned, 
                including a description of the expenditures by--
                            ``(i) fire size;
                            ``(ii) cost;
                            ``(iii) regional location; and
                            ``(iv) such other factors as the Secretary 
                        concerned considers appropriate.
                    ``(D) Lessons learned.
                    ``(E) Such other matters as the Secretary concerned 
                considers appropriate.
            ``(2) Committees described.--The committees referred to in 
        paragraph (1) are--
                    ``(A) of the Senate--
                            ``(i) the Committee on Agriculture, 
                        Nutrition, and Forestry;
                            ``(ii) the Committee on Appropriations;
                            ``(iii) the Committee on the Budget;
                            ``(iv) the Committee on Energy and Natural 
                        Resources;
                            ``(v) the Committee on Homeland Security 
                        and Governmental Affairs; and
                            ``(vi) the Committee on Indian Affairs; and
                    ``(B) of the House of Representatives--
                            ``(i) the Committee on Agriculture;
                            ``(ii) the Committee on Appropriations;
                            ``(iii) the Committee on the Budget;
                            ``(iv) the Committee on Natural Resources; 
                        and
                            ``(v) the Committee on Transportation and 
                        Infrastructure.
    ``(g) Savings Provision.--Except as provided in subsections (c) and 
(d), nothing in this title limits the Secretary of the Interior, the 
Secretary of Agriculture, an Indian tribe, or a State from receiving 
assistance through a declaration made by the President under this Act 
if the criteria for that declaration are satisfied.''.
    (c) Prohibition on Transfers.--No amounts may be transferred to or 
from the wildfire suppression subactivity of the Wildland Fire 
Management account or the FLAME Wildfire Suppression Reserve Fund 
account of the Federal land management agencies, as defined in section 
801 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act, as added by subsection (b), to or from any other account or 
subactivity of those Federal land management agencies that is not used 
to cover the cost of wildfire suppression operations.
    (d) Effective Date.--This section and the amendments made by this 
section shall take effect on October 1, 2017.

SEC. 103. INCREASED COST OF COMPLIANCE.

    (a) In General.--Section 1304(b) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4011(b)) is amended--
            (1) in paragraph (4), by redesignating subparagraphs (A) 
        through (D) as clauses (i) through (iv), respectively, and 
        adjusting the margins accordingly;
            (2) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D), respectively, and adjusting the 
        margins accordingly;
            (3) in the matter preceding subparagraph (A), as so 
        redesignated, by striking ``The national'' and inserting the 
        following:
            ``(1) In general.--The national'';
            (4) in paragraph (1), as so designated--
                    (A) in subparagraph (A), as so redesignated, by 
                inserting ``, without regard to whether the property is 
                in an area having special flood hazards'' after ``loss 
                structures'';
                    (B) in subparagraph (C), as so redesignated, by 
                striking the period at the end and inserting a 
                semicolon;
                    (C) in subparagraph (D), as so redesignated--
                            (i) in the matter preceding clause (i), as 
                        so redesignated, by inserting ``subject to 
                        paragraph (2),'' before ``properties for 
                        which''; and
                            (ii) in clause (iv), as so redesignated, by 
                        striking the period at the end and inserting 
                        ``; and''; and
                    (D) by adding at the end the following:
                    ``(E) a property outside an area having special 
                flood hazards if the community, under section 1361, has 
                established land use and control measures for the area 
                in which the property is located.''; and
            (5) by striking the flush text following paragraph (1)(E), 
        as added by paragraph (4)(D) of this subsection, and inserting 
        the following:
            ``(2) Use of funds for mitigation projects.--The 
        Administrator shall allow a policyholder to use insurance 
        purchased under this subsection for any eligible project costs 
        under a program described in clause (i), (ii), or (iii) of 
        paragraph (1)(D) of an acquisition, demolition, elevation, 
        relocation, or small structural project funded under that 
        program, including--
                    ``(A) asbestos remediation;
                    ``(B) the demolition of a driveway or sidewalk when 
                a structure is acquired; and
                    ``(C) the addition of a lift, ramp, or other device 
                that is necessary for a homeowner or occupant with a 
                physical limitation or disability to safely access a 
                home that has been elevated.
            ``(3) Surcharges.--
                    ``(A) Primary coverage.--The Administrator shall 
                impose a surcharge on each insured of an amount per 
                policy that the Administrator determines is appropriate 
                in order to provide cost of compliance coverage in 
                accordance with paragraph (4)(A).
                    ``(B) Enhanced coverage.--For each policy for flood 
                insurance made available under this title with respect 
                to which enhanced coverage is provided under paragraph 
                (4)(B), the Administrator shall impose a surcharge, in 
                addition to the surcharge imposed under subparagraph 
                (A), in an amount that the Administrator determines 
                appropriate.
            ``(4) Amount of coverage.--
                    ``(A) Primary coverage.--Each policy for flood 
                insurance coverage made available under this title 
                shall provide coverage under this subsection having an 
                aggregate liability for any single property of $60,000.
                    ``(B) Enhanced coverage.--Notwithstanding the 
                limitation under subparagraph (A), the Administrator 
                shall provide, upon request by a policyholder, enhanced 
                coverage under this subsection having an aggregate 
                liability for any single property in an amount that is 
                not more than $100,000.
            ``(5) Treatment of coverage limits.--The purchase of 
        insurance under this subsection with respect to a property 
        shall not be counted for the purposes of any limitation on 
        coverage with respect to that property under section 
        1306(b).''.
    (b) Technical and Conforming Amendment.--Not later than 1 year 
after the date of enactment of this Act, the Administrator shall amend 
the Standard Flood Insurance Policy set forth in appendix A to part 61 
of title 44, Code of Federal Regulations, to conform the item relating 
to ``Coverage D--Increased Cost of Compliance'' to the coverage 
limitations described in subparagraphs (A) and (B) of section 
1304(b)(4) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4011(b)(4)), as added by subsection (a)(5) of this section.

SEC. 104. PREDISASTER HAZARD MITIGATION PROGRAM AUTHORIZATION.

    For each of the first 6 full fiscal years following the date of 
enactment of this Act, there is authorized to be appropriated 
$200,000,000 to carry out the predisaster hazard mitigation program 
under section 203 of the Robert T. Stafford Disaster Assistance and 
Emergency Relief Act (42 U.S.C. 5133).

SEC. 105. DISCLOSURE OF FLOOD RISK INFORMATION UPON TRANSFER OF 
              PROPERTY.

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

``SEC. 1326. DISCLOSURE OF FLOOD RISK INFORMATION UPON TRANSFER OF 
              PROPERTY.

    ``(a) In General.--After September 30, 2022, no new flood insurance 
coverage may be provided under this title for any real property unless 
an appropriate public body has imposed, by statute or regulation, a 
duty on any seller or lessor of improved real estate to provide to any 
purchaser or lessee (with respect to a lease for a term that is not 
shorter than 30 days) of the property a property flood hazard 
disclosure that the Administrator has determined meets the requirements 
of subsection (b).
    ``(b) Disclosure Requirements.--
            ``(1) Requirements for sellers.--A property flood hazard 
        disclosure for the sale of a property shall meet the 
        requirements of this subsection only if the disclosure--
                    ``(A) is made in writing;
                    ``(B) discloses any actual knowledge of the seller 
                of any--
                            ``(i) prior physical damage caused by flood 
                        to a structure located on the property;
                            ``(ii) prior insurance claim for a loss 
                        covered under the national flood insurance 
                        program or private flood insurance with respect 
                        to the property;
                            ``(iii) previous notification regarding the 
                        designation of the property as a repetitive 
                        loss structure or severe repetitive loss 
                        structure (as defined in section 1366(h)); and
                            ``(iv) Federal legal obligation to obtain 
                        and maintain flood insurance running with the 
                        property; and
                    ``(C) is delivered by, or on behalf of, the seller 
                to the purchaser before the purchaser becomes obligated 
                under any contract to purchase the property.
            ``(2) Requirements for lessors.--A property flood hazard 
        disclosure for a rental property with a lease for a term that 
        is not shorter than 30 days shall meet the requirements of this 
        subsection only if the disclosure--
                    ``(A) is made in writing;
                    ``(B) discloses any actual knowledge of the 
                lessor--
                            ``(i) of any Federal legal obligation to 
                        obtain and maintain flood insurance running 
                        with the property;
                            ``(ii) regarding any prior physical damage 
                        caused by flood with respect to the unit being 
                        leased; and
                            ``(iii) of the availability of coverage 
                        under this title for contents located in a 
                        structure on the property; and
                    ``(C) is delivered by, or on behalf of, the lessor 
                to the lessee before the lessee becomes obligated under 
                any contract to lease the property.
            ``(3) Rule of construction.--Nothing in this section may be 
        construed as preventing a State from adopting disclosure 
        requirements in addition to the requirements of this 
        section.''.
    (b) Availability of Flood Insurance Coverage.--Section 1305(c) of 
the National Flood Insurance Act of 1968 (42 U.S.C. 4012(c)) is 
amended--
            (1) in paragraph (1), by striking ``, and'' at the end and 
        inserting a semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) given satisfactory assurance that, by October 1, 
        2022, property flood hazard disclosure requirements will have 
        been adopted for the area (or subdivision) that meet the 
        requirements of section 1326.''.

SEC. 106. MULTIFAMILY MITIGATION.

    (a) In General.--Section 1361(d)(1) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4102(d)(1)) is amended, in the matter preceding 
subparagraph (A), by inserting ``(including multifamily buildings in 
urban areas)'' after ``residential buildings''.
    (b) Risk Premium Rate Reduction.--Section 1308(k) of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4015(k)) is amended by striking 
``the Administrator shall'' and all that follows through the period at 
the end and inserting the following: ``the Administrator shall--
            ``(1) take into account the implementation of any 
        mitigation method identified by the Administrator in the 
        guidelines issued under section 1361(d); and
            ``(2) notwithstanding any other provision of law, charge a 
        risk premium rate that accurately reflects the reduction in 
        flood risk to a building, including a multifamily building in 
        an urban area, resulting from the use of an alternative method 
        of mitigation established by the Administrator under section 
        1361(d)(1).''.
    (c) Land Use Controls.--Section 1315(a) of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4022(a)) is amended by adding at the 
end the following:
            ``(3) Land use controls for certain multifamily buildings 
        in urban areas.--
                    ``(A) Definition.--In this paragraph, the term 
                `covered area' means an area that--
                            ``(i) is an urban area; and
                            ``(ii) has been identified as having 
                        special flood hazards.
                    ``(B) Adoption of land use controls.--
                Notwithstanding any other provision of law, the 
                Administrator, under paragraph (1), may require an 
                appropriate public body, with respect to a covered area 
                that is seeking to secure flood insurance coverage 
                under this title, to adopt land use and control 
                measures for the repair, restoration, or substantial 
                improvement of any mid- or high-rise multifamily 
                building that is located in the covered area.
                    ``(C) Community strategy.--With respect to a 
                covered area described in subparagraph (B), the 
                Administrator shall encourage the covered area to 
                develop, and assist the covered area in developing, a 
                comprehensive strategy that--
                            ``(i) reduces flood damage to mid- and 
                        high-rise multifamily buildings in the covered 
                        area that--
                                    ``(I) will be repaired, restored, 
                                or substantially improved; and
                                    ``(II) cannot be elevated;
                            ``(ii) identifies technical mitigation 
                        activities that may be applied to the buildings 
                        described in clause (i), including 
                        considerations for mechanical, electrical, and 
                        utility components, that will protect life and 
                        property; and
                            ``(iii) documents that the covered area has 
                        established procedures for--
                                    ``(I) the implementation of 
                                performance standards;
                                    ``(II) requiring evacuation plans; 
                                and
                                    ``(III) developing a maintenance 
                                strategy for any mitigation activity 
                                that is applied under clause (ii).
                    ``(D) Partial mitigation guidelines.--The 
                Administrator shall establish guidelines for 
                performance standards that shall--
                            ``(i) allow for a combination of partial 
                        mitigation activities, other than elevation, 
                        for areas (other than residential areas) in a 
                        covered area described in subparagraph (B); and
                            ``(ii) be applied to mid- and high-rise 
                        multifamily buildings in the areas described in 
                        clause (i).''.
    (d) Calculation of Risk Premium Rates.--Section 1308 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended by 
adding at the end the following:
    ``(n) Consideration of Partial Mitigation Methods.--Notwithstanding 
any other provision of law, with respect to a chargeable premium rate 
prescribed for a building described in section 1315(a)(3)(B), the 
Administrator shall ensure that the chargeable premium rate properly 
reflects the reduction in flood risk after adopting and implementing 
the land use and control measures described in that section, if 
applicable.''.

SEC. 107. TECHNICAL ASSISTANCE.

    Section 1315(b) of the National Flood Insurance Act of 1968 (42 
U.S.C. 4022(b)) is amended by adding at the end the following:
            ``(5) Regional coordinator.--
                    ``(A) In general.--The Administrator shall appoint 
                a regional coordinator in each region served by a 
                Regional Office (as defined in section 501 of the 
                Homeland Security Act of 2002 (6 U.S.C. 311)) to 
                provide technical assistance to small communities to 
                enable those communities to effectively participate in, 
                and benefit from, the community rating system program.
                    ``(B) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as may be 
                necessary to carry out this paragraph, which shall 
                remain available until expended.''.

              TITLE II--FLOOD MAPPING PROGRAM IMPROVEMENTS

SEC. 201. REAUTHORIZATION OF MAPPING PROGRAM.

    Section 100216(f) of the Biggert-Waters Flood Insurance Reform Act 
of 2012 (42 U.S.C. 4101b(f)) is amended by striking ``2017'' and 
inserting ``2023''.

SEC. 202. NATIONAL FLOOD MAPPING PROGRAM IMPROVEMENTS.

    Section 100216 of the Biggert-Waters Flood Insurance Reform Act of 
2012 (42 U.S.C. 4101b) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by redesignating subparagraphs (B) and 
                        (C) as subparagraphs (C) and (D), respectively;
                            (ii) by inserting after subparagraph (A) 
                        the following:
                    ``(B) as soon as practicable--
                            ``(i) modernize the flood mapping inventory 
                        for communities for which the National Flood 
                        Insurance Program rate maps have not been 
                        modernized; and
                            ``(ii) in coordination with communities, 
                        utilize the digital display environment 
                        established under subsection (f)(1)(A) to store 
                        and disseminate any flood hazard data, models, 
                        and maps generated under clause (i) while 
                        ensuring that the flood mapping inventory 
                        described in that clause may be printed in 
                        order to carry out--
                                    ``(I) floodplain management 
                                programs under the National Flood 
                                Insurance Act of 1968 (42 U.S.C. 4001 
                                et seq.); and
                                    ``(II) other purposes of the 
                                National Flood Insurance Program;'';
                            (iii) in subparagraph (C), as so 
                        redesignated, by striking ``and'' at the end;
                            (iv) in subparagraph (D), as so 
                        redesignated--
                                    (I) by inserting ``, including the 
                                most current and most appropriate 
                                remote sensing or other geospatial 
                                mapping technology'' after 
                                ``available''; and
                                    (II) by striking the period at the 
                                end and inserting ``; and''; and
                            (v) by adding at the end the following:
                    ``(E) when appropriate, partner with other Federal 
                agencies, States, communities, and private entities in 
                order to meet the objectives of the program.''; and
                    (B) in paragraph (3)(C), by inserting ``urban 
                flooding,'' after ``changing lake levels,'';
            (2) by redesignating subsection (f), as amended by section 
        201, as subsection (h); and
            (3) by inserting after subsection (e) the following:
    ``(f) Digital Display Environment and Building-Specific Flood 
Hazard and Risk Information.--
            ``(1) Establishment.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of the National Flood Insurance 
                Program Reauthorization Act of 2017, the Administrator, 
                in consultation with the Technical Mapping Advisory 
                Council, shall establish a dynamic, database-derived 
                digital display environment for flood hazard and risk 
                data, models, maps, and assessments.
                    ``(B) Consultation with states and communities.--In 
                designing and constructing the digital display 
                environment under subparagraph (A), the Administrator 
                shall--
                            ``(i) leverage and partner with States and 
                        communities that have successfully implemented 
                        the same approach; and
                            ``(ii) consider adopting the techniques and 
                        technologies used by the States and communities 
                        described in clause (i) and applying those 
                        techniques and technologies nationwide.
            ``(2) Digital display system.--
                    ``(A) In general.--In carrying out paragraph (1), 
                the Administrator, in consultation with the Technical 
                Mapping Advisory Council, shall establish a national 
                digital display system that shall--
                            ``(i) be prompted through dynamic querying 
                        of a spatial, relational flood hazard and risk 
                        database;
                            ``(ii) as permissible under law, be made 
                        available to the public;
                            ``(iii) to the extent feasible, and where 
                        sufficient data is available, provide 
                        information, with respect to individual 
                        structures, regarding--
                                    ``(I) flood hazard and risk 
                                assessment determinations;
                                    ``(II) flood insurance; and
                                    ``(III) flood risk mitigation 
                                efforts;
                            ``(iv) be constructed in a manner that 
                        facilitates coordination with digital display 
                        systems that--
                                    ``(I) have been developed by State 
                                and community partners; and
                                    ``(II) the Administrator finds are 
                                acceptable;
                            ``(v) include the capability to print 
                        physical copies of maps; and
                            ``(vi) where feasible, allow for the 
                        maintenance and storage of elevation 
                        certificates.
                    ``(B) Privacy requirements.--The Administrator may 
                not disseminate the database described in subparagraph 
                (A)(i), including any data used to create that 
                database, to the public or to a private company in a 
                manner that violates section 552a of title 5, United 
                States Code, or any regulation implementing that 
                section.
            ``(3) Data procurement.--The Administrator shall consider 
        methods to obtain any data necessary to establish the digital 
        display environment described in paragraph (1), including--
                    ``(A) requiring a community that is participating 
                in the National Flood Insurance Program to supply 
                information, including building footprints and 
                cadastral and elevation data, for each structure--
                            ``(i) with respect to which the community 
                        possesses that information; and
                            ``(ii) that obtains a construction or other 
                        development permit within--
                                    ``(I) a special flood hazard area; 
                                or
                                    ``(II) an advisory special flood 
                                hazard area adopted by the community;
                    ``(B) issuing guidelines and standards, as 
                determined by the Administrator;
                    ``(C) partnering, contracting, or entering into 
                agreements with other Federal, State, local, and 
                private stakeholders to the greatest extent possible to 
                obtain and share existing data that meets or exceeds 
                the standards determined by the Administrator under 
                subparagraph (B); and
                    ``(D) contracting with private companies to obtain 
                new data collections, such as building footprints, 
                cadastral data, and elevation certificates, if that 
                data may be included in the environment established 
                under paragraph (1).
            ``(4) Letters of map change.--In coordination with States 
        and communities that have successfully implemented a dynamic, 
        database-derived digital display environment for flood hazard 
        risk production and dissemination, the Administrator shall 
        issue guidelines for the adoption and integration into the 
        National Flood Mapping Program of remote sensing or other 
        geospatial mapping technology-based letter of map amendment 
        approaches.
    ``(g) Annual Report.--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 an 
annual progress report regarding the mapping program under this 
section, including the digital display and structure-specific 
information required under subsection (f), which shall include 
recommendations to reduce the cost and improve the implementation of 
that subsection.''.

                    TITLE III--PROGRAM IMPROVEMENTS

SEC. 301. REPLACEMENT COST IN DETERMINING PREMIUM RATES.

    (a) Study of Risk Rating Redesign Flood Insurance Premium Rating 
Options; Report.--
            (1) Study.--The Administrator shall conduct a study to--
                    (A) evaluate best practices in the insurance 
                industry for risk rating and classification, including 
                practices that consider replacement cost value in 
                premium rate estimations; and
                    (B) with respect to the estimates of risk premium 
                rates for flood insurance made by the Administrator 
                under section 1307(a)(1) of the National Flood 
                Insurance Act of 1968 (42 U.S.C. 4014(a)(1))--
                            (i) assess options, methods, and strategies 
                        for including replacement cost value in the 
                        estimates;
                            (ii) provide recommendations for including 
                        replacement cost value in the estimates;
                            (iii) identify an appropriate methodology 
                        to incorporate replacement cost value into the 
                        estimates; and
                            (iv) develop a feasible implementation plan 
                        and projected timeline for including 
                        replacement cost value in the estimates.
            (2) Report.--
                    (A) Requirement.--Not later than 1 year after the 
                date of enactment of this Act, the Administrator shall 
                submit to the appropriate committees of Congress a 
                report that contains the results and conclusions of the 
                study conducted under paragraph (1) (referred to in 
                this paragraph as ``the study'').
                    (B) Contents.--The report submitted under 
                subparagraph (A) shall include--
                            (i) an analysis of the recommendations 
                        resulting from the study and any potential 
                        impacts that those recommendations would have 
                        on the National Flood Insurance Program, 
                        including cost considerations;
                            (ii) a description of any actions taken by 
                        the Administrator to implement the 
                        recommendations made by the study;
                            (iii) a description of any recommendations 
                        made by the study that, as of the date on which 
                        the Administrator submits the report, have been 
                        deferred or not acted upon; and
                            (iv) a statement explaining the reasons for 
                        any deferral or inaction described in clause 
                        (iii).
    (b) Use of Replacement Cost Value in Premium Rates; 
Implementation.--
            (1) Estimated rates.--Section 1307(a)(1) of the National 
        Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)) is amended, 
        in the matter preceding subparagraph (A), by inserting after 
        ``flood insurance'' the following: ``, which shall incorporate 
        replacement cost value, and''.
            (2) Chargeable rates.--Section 1308(b) of the National 
        Flood Insurance Act of 1968 (42 U.S.C. 4015(b)) is amended, in 
        the matter preceding paragraph (1), by inserting after ``Such 
        rates'' the following: ``shall incorporate replacement cost 
        value and''.
            (3) Phase-in.--
                    (A) In general.--During the 3-year period beginning 
                on the date that is 1 year after the date of enactment 
                of this Act, the Administrator may gradually phase in 
                the amendments made by paragraphs (1) and (2) with 
                respect to flood insurance coverage made available 
                under the National Flood Insurance Act of 1968 (42 
                U.S.C. 4001 et seq.) for properties located in various 
                geographic regions in the United States as sufficient 
                information for the implementation of those amendments 
                becomes available.
                    (B) Deadline.--The Administrator shall ensure that, 
                as of the effective date described in paragraph (4), 
                the amendments made by paragraphs (1) and (2) are fully 
                implemented to apply to all flood insurance coverage 
                made available under the National Flood Insurance Act 
                of 1968 (42 U.S.C. 4001 et seq.).
            (4) Effective date.--The amendments made by paragraphs (1) 
        and (2) shall--
                    (A) take effect on the date that is 4 years after 
                the date of enactment of this Act; and
                    (B) apply to the establishment of risk premium and 
                chargeable premium rates by the Administrator on and 
                after the date described in subparagraph (A).

SEC. 302. RISK TRANSFER OPTIONS.

    Section 1345(e) of the National Flood Insurance Act of 1968 (42 
U.S.C. 4081(e)) is amended--
            (1) by striking ``The Administrator'' and inserting the 
        following:
            ``(1) In general.--The Administrator''; and
            (2) by adding at the end the following:
            ``(2) Forms of transfer.--If the Administrator secures 
        reinsurance under paragraph (1), the Administrator may consider 
        any form of risk transfer, including traditional reinsurance, 
        catastrophe bonds, collateralized reinsurance, resilience 
        bonds, and other insurance-linked securities, in order to--
                    ``(A) maximize pricing competition and the 
                diversity of sources of capital; and
                    ``(B) secure the best value for the flood insurance 
                program.''.

SEC. 303. PARTICIPATION STUDIES.

    (a) Federal Entities for Lending Regulation.--
            (1) In general.--The Federal entities for lending 
        regulation shall conduct an annual study regarding the rate at 
        which persons who are subject to the mandatory purchase 
        requirement are complying with that requirement.
            (2) Submission to congress.--The Federal entities for 
        lending regulation shall submit the result of each study 
        conducted under paragraph (1) to the appropriate committees of 
        Congress.
    (b) FEMA.--
            (1) In general.--The Administrator shall conduct an annual 
        study regarding the rate at which individuals who live in areas 
        that have not been identified, under the National Flood 
        Insurance Act of 1968 (42 U.S.C. 4001 et seq.) or the Flood 
        Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.), as 
        having a special flood hazard participate in, or receive 
        financial assistance under, the National Flood Insurance 
        Program.
            (2) Submission to congress.--The Administrator shall submit 
        the result of each study conducted under paragraph (1) to the 
        appropriate committees of Congress.

SEC. 304. STUDY REGARDING COVERAGE FOR BUSINESS INTERRUPTION.

    (a) In General.--The Administrator shall conduct a study on the 
feasibility and soundness of offering coverage for interruption 
business losses caused by a flood under the National Flood Insurance 
Program (referred to in this section as ``business interruption 
coverage'').
    (b) Contents.--In conducting the study under subsection (a), the 
Administrator shall, at a minimum--
            (1) evaluate insurance industry best practices for offering 
        business interruption coverage, including the types of coverage 
        provided and the utilization rate;
            (2) estimate the potential risk premium rates for business 
        interruption coverage based on the flood risk reflected in the 
        flood insurance rate map or other risk metrics in effect at the 
        time of purchase;
            (3) analyze the operational and administrative expenses 
        associated with providing business interruption coverage and 
        adjusting claims;
            (4) identify potential obstacles that may prevent the 
        Administrator from offering business interruption coverage;
            (5) evaluate the benefits of providing business 
        interruption coverage;
            (6) analyze any potential impacts on the financial position 
        of the National Flood Insurance Program; and
            (7) develop a feasibility implementation plan and projected 
        timelines for offering business interruption coverage.
    (c) Availability of Experts.--In conducting the study under 
subsection (a), the Administrator may accept and utilize the personnel 
and services of any other Federal agency, and appoint and fix the 
compensation of temporary personnel without regard to the provisions of 
title 5, United States Code, governing appointments in the competitive 
service, or employ experts and consultants in accordance with the 
provisions of section 3109 of such title, without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such title 
relating to classification and General Schedule pay rates.
    (d) Deadline.--The Administrator shall complete the study required 
under subsection (a) not later than September 30 of the second full 
fiscal year after the date of enactment of this Act.
                                 <all>