[House Report 112-138]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-138

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1309) TO EXTEND THE 
   AUTHORIZATION OF THE NATIONAL FLOOD INSURANCE PROGRAM, TO ACHIEVE 
    REFORMS TO IMPROVE THE FINANCIAL INTEGRITY AND STABILITY OF THE 
PROGRAM, AND TO INCREASE THE ROLE OF PRIVATE MARKETS IN THE MANAGEMENT 
            OF FLOOD INSURANCE RISK, AND FOR OTHER PURPOSES

                                _______
                                

July 7, 2011.--Referred to the House Calendar and ordered to be printed

                                _______
                                

              Mr. Sessions, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 340]

    The Committee on Rules, having had under consideration 
House Resolution 340, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1309, the 
Flood Insurance Reform Act of 2011, under a structured rule. 
The resolution provides one hour of general debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Financial Services. The resolution waives 
all points of order against consideration of the bill. The 
resolution provides that the amendment in the nature of a 
substitute recommended by the Committee on Financial Services 
now printed in the bill shall be considered as an original bill 
for the purpose of amendment and shall be considered as read. 
The resolution waives all points of order against the committee 
amendment in the nature of a substitute. The resolution makes 
in order only those amendments printed in this report. Each 
such amendment may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. All 
points of order against the amendments are waived. The 
resolution provides that the chair of the Committee on 
Financial Services or his designee may offer amendments en bloc 
consisting of amendments printed in this report not earlier 
disposed of. Amendments en bloc shall be considered as read, 
shall be debatable for 10 minutes equally divided and 
controlled by the chair and ranking minority member of the 
Committee on Financial Services or their designees, shall not 
be subject to amendment, and shall not be subject to a demand 
for division of the question. The original proponent of an 
amendment included in such amendments may insert a statement in 
the Congressional Record immediately before the disposition of 
the amendments en bloc. Finally, the resolution provides one 
motion to recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver of all points of order is 
prophylactic.
    Although the resolution waives all points of order against 
the committee amendment in the nature of a substitute 
recommended by the Committee on Financial Services, the 
Committee is not aware of any points of order. The waiver of 
all points of order is prophylactic.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver of all points of order 
is prophylactic.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 107

    Motion by Mr. McGovern to report an open rule. Defeated: 3-
5

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Woodall.....................................          Nay   Mr. McGovern......................          Yea
Mr. Nugent......................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Scott of South Carolina.....................          Nay   Mr. Polis.........................          Yea
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Biggert (IL): Would make technical corrections to the 
bill. (10 minutes)
    2. Bachus (AL): Would allow for a possible fourth and five 
year suspension of the mandatory purchase for certain 
communities that are making more than adequate progress in 
their construction of their flood protection systems. (10 
minutes)
    3. Speier (CA): Would make it a violation for a lender, 
whose only interest in the property is the amount of the 
outstanding mortgage indebtedness, to require a homeowner to 
purchase more than the legally required amount of flood 
insurance--an amount equal to the outstanding principal balance 
of the loan. (10 minutes)
    4. Flake, Jeff (AZ): Would strike additional coverage 
provided in H.R. 1309 for business interruption and cost of 
living expenses. (10 minutes)
    5. Ros-Lehtinen (FL), Rivera (FL), Wilson (FL), Hinojosa 
(TX), Holt (NJ): Would strike the part of Section 5 ``Reforms 
of Premium Rates'' that would increase annual limit on premium 
rates increases from 10% to 20%. This will prevent a 100% 
increase in possible premium hikes. (10 minutes)
    6. Matsui (CA): Would modify language in the bill so that 
newly mapped properties are phased in to full actuarial, flood 
insurance rates at a consistent rate of 20% per year over 5 
years and requires that newly mapped properties pay 100% of 
actuarial rates at the end of the 5 year phase-in. (10 minutes)
    7. Terry (NE), Berg (ND): Would protect insureds during a 
`flood in progress', if the insured has purchased flood 
insurance and has not sustained damage or loss within the 30 
day window. (10 minutes)
    8. Waters (CA): Would streamline and reauthorize the Flood 
Mitigation Assistance Program, the Repetitive Flood Claims 
Program and the Severe Repetitive Loss Program in order to 
improve their effectiveness and efficiency. (10 minutes)
    9. Palazzo (MS): Would ensure that there is adequate 
representation from Gulf Coast States on the Technical Mapping 
Advisory Panel. (10 minutes)
    10. Walberg (MI): Would place a moratorium on the issuance 
of any updated rate maps from the date of enactment until the 
Technical Mapping Advisory Council submits to the FEMA 
Administrator and Congress the proposed new mapping standards. 
It would allow for the revision, update and change of rate maps 
only pursuant to a letter of map change, which includes a 
letter of map amendment, letter of map revision, and letter of 
map revision based on fill. (10 minutes)
    11. Cardoza (CA): Would eliminate requirements to more 
broadly map areas considered to be residual risk. (10 minutes)
    12. Burton (IN), Stark (CA): Would require written 
notification by first class mail to each property owner 
affected by a proposed change in flood elevations, prior to the 
90-day appeal period. Notification would include an explanation 
of the appeals process and contact information for responsible 
officials. (10 minutes)
    13. McGovern (MA): Would allow communities to be reimbursed 
for certain costs associated with a successful challenge to a 
bona fide mapping error made by FEMA resulting in a Letter of 
Map Revision. (10 minutes)
    14. Brady, Kevin (TX): Would require the FEMA Administrator 
to provide to a property owner newly included in a revised or 
updated proposed flood map a copy of the proposed flood 
insurance map and information regarding the appeals process at 
the time the proposed map is issued. (10 minutes)
    15. Cuellar (TX): Would require the Administrator to 
communicate with communities located in areas where flood 
insurance rate maps have not been updated in 20 years or more 
and the appropriate State emergency agencies to resolve 
outstanding issues, provide technical assistance, and 
disseminate all necessary information to reduce the prevalence 
of outdated maps in flood-prone areas. (10 minutes)
    16. Sherman (CA), Bachus (AL), Meeks, Gregory (NY): Would 
require FEMA to reduce the number of flood insurance policies 
that are directly managed by the Agency to not more than 10% of 
the total number of flood insurance policies in force. Would 
further authorize FEMA to refuse to accept future transfers of 
policies to the NFIP Direct program. (10 minutes)
    17. Loebsack (IA): Would require FEMA to notify a prominent 
local television and radio station of projected and proposed 
changes to flood maps and to grant an additional 90 days for 
property owners or a community to appeal proposed flood maps, 
beyond the original 90 day appeal period, so long as community 
leaders certify they believe there are property owners unaware 
of the proposed flood maps and appeal period, and community 
leaders would use the additional 90 day appeal period to 
educate property owners on the proposed maps and appeal 
process. (10 minutes)
    18. Palazzo (MS): Would afford policy holders the right to 
request engineering reports and other documents relied on by 
the Administrator and/or participating companies in determining 
whether the damage was caused by flood or any other peril. (10 
minutes)
    19. Westmoreland (GA): Would add a reserve fund requirement 
to the National Flood Insurance Program. (10 minutes) .
    20. Miller, Candice (MI): Would terminate current spending 
on TV and Radio commercials being aired to promote the NFIP in 
all 50 states and directs remaining funds to pay down NFIP's 
debt. Would continue FEMA's mailing programs that are used to 
notify current policy holders of changes to their policies and 
maps as well as other educational publications they produce. 
(10 minutes)
    21. Luetkemeyer (MO): Would require FEMA to study their 
processes and procedures for making an FIP determination and 
report their findings to Congress within six months from the 
date of enactment of the underlying bill. (10 minutes)
    22. Canseco (TX): Would require the administrator of FEMA 
to report to Congress within 6 months of the bill becoming law 
a plan for how the agency can pay back within 10 years the 
roughly $18 billion it currently owes to Treasury. (10 minutes)
    23. Scott, Bobby (VA): Would direct the GAO to conduct a 
study of the means and effects of facilitating a market for 
all-peril insurance policies for residential properties. (10 
minutes)
    24. Walz (MN): Would allow state and local governments to 
use the Army Corps of Engineers to evaluate locally operated 
levee systems which were either built or designed by the Corps, 
and which are being reaccredited as part of a National Flood 
Insurance Program remapping. All costs associated with 
evaluations would continue to be covered by the state or local 
government requesting the evaluation. (10 minutes)
    25. Miller, Candice (MI): Would terminate NFIP by January 
1, 2012 and allow States to form interstate compacts to provide 
insurance. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Biggert of Illinois or 
                 Her Designee, Debatable for 10 Minutes

  Page 38, line 23, strike ``5-year'' and insert ``10-year''.

  Page 39, line 18 strike ``survey'' and insert 
``certificate''.

  Page 39, line 19 strike ``survey'' and insert 
``certificate''.

  Page 50, line 7, strike ``1308(h)'' and insert ``1308(g)''.

  Page 50, lines 20 and 21 strike ``OF ESTABLISHMENT OF FLOOD 
ELEVATIONS'' and insert ``TO MEMBERS OF CONGRESS OF FLOOD MAP 
REVISIONS AND UPDATES''.

  Page 55, line 11, strike ``offer'' and insert ``error''.

  Page 64, line 16, strike ``sections'' and insert ``section''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Bachus of Alabama or 
                 His Designee, Debatable for 10 Minutes

  Page 7, strike the dash in line 3 and all that follows 
through line 10 and insert ``designation of the area as having 
special flood hazards in a timely manner under section 1363.''.

  Page 7, after line 21 insert the following:

          ``(5) Additional extension for communities making 
        more than adequate progress on flood protection 
        system.--
                  ``(A) Extension.--
                          ``(i) Authority.--Except as provided 
                        in subparagraph (B), in the case of an 
                        eligible area for which the 
                        Administrator has, pursuant to 
                        paragraph (4), extended the period of 
                        effectiveness of the finding under 
                        paragraph (1) for the area, upon a 
                        request submitted by a local government 
                        authority having jurisdiction over any 
                        portion of the eligible area, if the 
                        Administrator finds that more than 
                        adequate progress has been made on the 
                        construction of a flood protection 
                        system for such area, as determined in 
                        accordance with the last sentence of 
                        section 1307(e) of the National Flood 
                        Insurance Act of 1968 (42 U.S.C. 
                        4014(e)), the Administrator may, in the 
                        discretion of the Administrator, 
                        further extend the period during which 
                        the finding under paragraph (1) shall 
                        be effective for such area for an 
                        additional 12 months.
                          ``(ii) Limit.-- For any eligible 
                        area, the cumulative number of 
                        extensions under this subparagraph may 
                        not exceed 2.
                  ``(B) Exclusion for new mortgages.--
                          ``(i) Exclusion.--Any extension under 
                        subparagraph (A) of this paragraph of a 
                        finding under paragraph (1) shall not 
                        be effective with respect to any 
                        excluded property after the 
                        origination, increase, extension, or 
                        renewal of the loan referred to in 
                        clause (ii)(II) for the property.
                          ``(ii) Excluded properties.--For 
                        purposes of this subparagraph, the term 
                        `excluded property' means any improved 
                        real estate or mobile home--
                                  ``(I) that is located in an 
                                eligible area; and
                                  ``(II) for which, during the 
                                period that any extension under 
                                subparagraph (A) of this 
                                paragraph of a finding under 
                                paragraph (1) is otherwise in 
                                effect for the eligible area in 
                                which such property is 
                                located--
                                          ``(aa) a loan that is 
                                        secured by the property 
                                        is originated; or
                                          ``(bb) any existing 
                                        loan that is secured by 
                                        the property is 
                                        increased, extended, or 
                                        renewed.''.
                              ----------                              


3. An Amendment To Be Offered by Representative Speier of California or 
                 Her Designee, Debatable for 10 Minutes

  Page 11, after line 22, insert the following new subsection:

  (d) Penalties for Requiring Purchase of Coverage Exceeding 
Minimum Mandatory Purchase Requirement.--Paragraph (2) of 
section 102(f) of the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4012a(f)(2)) is amended--
          (1) in subparagraph (A)(iii), by striking ``or'' at 
        the end;
          (2) in subparagraph (B), by striking the period at 
        the end and inserting ``; or''; and
          (3) by adding at the end the following new 
        subparagraph:
                  ``(C) in connection with the making, 
                increasing, extending, servicing, or renewing 
                of any loan, requiring the purchase of flood 
                insurance coverage under the National Flood 
                Insurance Act of 1968, or purchasing such 
                coverage pursuant to subsection (e)(2), in an 
                amount in excess of the minimum amount required 
                under subsections (a) and (b) of this 
                section.''.
                              ----------                              


4. An Amendment To Be Offered by Representative Flake of Arizona or His 
                   Designee, Debatable for 10 Minutes

  Page 14, line 24, strike the second semicolon and insert ``; 
and''.

  Strike paragraph (3) of section 4(c) (page 15, lines 1 and 
2).

  Page 15, line 5, strike ``(8)'' and insert ``(6)''.

  Page 15, line 6, strike ``(2), (3), (4), (5), and (6)'' and 
insert ``(2), (3), and (4)''.

  Strike subsection (d) of section 4 (page 16, line 1 and all 
that follows through page 18, line 10).
                              ----------                              


5. An Amendment To Be Offered by Representative Ros-Lehtinen of Florida 
               or Her Designee, Debatable for 10 Minutes

  Page 19, strike lines 10 to 13.
                              ----------                              


6. An Amendment To Be Offered by Representative Matsui of California or 
                 Her Designee, Debatable for 10 Minutes

  Page 20, line 3, strike ``50 percent rate for initial year'' 
and insert ``5-year phase-in period''.

  Page 20, line 11, strike ``12-month period'' and insert ``5-
year period''.

  Page 20, lines 17 through 19, strike ``50 percent of the 
chargeable risk premium rate otherwise applicable under this 
title to the property'' and insert ``the rate described in 
paragraph (3)''.

  Page 21, line 4, strike ``12-month period'' and insert ``5-
year period''.

  Page 21, strike lines 11 through 18, and insert the 
following:

  ``the chargeable risk premium rate for flood insurance under 
this title for a covered property that is located in such area 
shall be--
          ``(A) for the first year of the 5-year period 
        referred to in paragraph (1), the greater of--
                  ``(i) 20 percent of the chargeable risk 
                premium rate otherwise applicable under this 
                title to the property; and
                  ``(ii) in the case of any property that, as 
                of the beginning of such first year, is 
                eligible for preferred risk rate method 
                premiums for flood insurance coverage, such 
                preferred risk rate method premium for the 
                property;
          ``(B) for the second year of such 5-year period, 40 
        percent of the chargeable risk premium rate otherwise 
        applicable under this title to the property;
          ``(C) for the third year of such 5-year period, 60 
        percent of the chargeable risk premium rate otherwise 
        applicable under this title to the property;
          ``(D) for the fourth year of such 5-year period, 80 
        percent of the chargeable risk premium rate otherwise 
        applicable under this title to the property; and
          ``(E) for the fifth year of such 5-year period, 100 
        percent of the chargeable risk premium rate otherwise 
        applicable under this title to the property.''.
                              ----------                              


 7. An Amendment To Be Offered by Representative Terry of Nebraska or 
                 His Designee, Debatable for 10 Minutes

  Page 19, after line 8, insert the following new subsection:

  (f) Effective Date of Policies Covering Properties Affected 
by Floods in Progress.--Paragraph (1) of section 1306(c) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)) is 
amended by adding after the period at the end the following: 
``With respect to any flood that has commenced or is in 
progress before the expiration of such 30-day period, such 
flood insurance coverage for a property shall take effect upon 
the expiration of such 30-day period and shall cover damage to 
such property occurring after the expiration of such period 
that results from such flood, but only if the property has not 
suffered damage or loss as a result of such flood before the 
expiration of such 30-day period.''.
                              ----------                              


8. An Amendment To Be Offered by Representative Waters of California or 
                 Her Designee, Debatable for 10 Minutes

  Page 23, line 17, strike ``section 1361A(b)'' and insert 
``section 1366(j)''.

  Strike line 10 on page 47 and all that follows through page 
48, line 15.

  Strike line 16 on page 48 and all that follows through page 
49, line 19 and insert the following new section:

SEC. 12. MITIGATION ASSISTANCE.

  (a) Mitigation Assistance Grants.--Section 1366 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is 
amended--
          (1) in subsection (a), by striking the last sentence 
        and inserting the following: ``Such financial 
        assistance shall be made available--
          ``(1) to States and communities in the form of grants 
        under this section for carrying out mitigation 
        activities;
          ``(2) to States and communities in the form of grants 
        under this section for carrying out mitigation 
        activities that reduce flood damage to severe 
        repetitive loss structures; and
          ``(3) to property owners in the form of direct grants 
        under this section for carrying out mitigation 
        activities that reduce flood damage to individual 
        structures for which 2 or more claim payments for 
        losses have been made under flood insurance coverage 
        under this title if the Administrator, after 
        consultation with the State and community, determines 
        that neither the State nor community in which such a 
        structure is located has the capacity to manage such 
        grants.''.
          (2) by striking subsection (b);
          (3) in subsection (c)--
                  (A) by striking ``flood risk'' and inserting 
                ``multi-hazard'';
                  (B) by striking ``provides protection 
                against'' and inserting ``examines reduction 
                of''; and
                  (C) by redesignating such subsection as 
                subsection (b);
          (4) by striking subsection (d);
          (5) in subsection (e)--
                  (A) in paragraph (1), by striking the 
                paragraph designation and all that follows 
                through the end of the first sentence and 
                inserting the following:
          ``(1) Requirement of consistency with approved 
        mitigation plan.--Amounts provided under this section 
        may be used only for mitigation activities that are 
        consistent with mitigation plans that are approved by 
        the Administrator and identified under subparagraph 
        (4).'';
                  (B) by striking paragraphs (2), (3), and (4) 
                and inserting the following new paragraphs:
          ``(2) Requirements of technical feasibility, cost 
        effectiveness, and interest of nfif.--The Administrator 
        may approve only mitigation activities that the 
        Administrator determines are technically feasible and 
        cost-effective and in the interest of, and represent 
        savings to, the National Flood Insurance Fund. In 
        making such determinations, the Administrator shall 
        take into consideration recognized benefits that are 
        difficult to quantify.
          ``(3) Priority for mitigation assistance.--In 
        providing grants under this section for mitigation 
        activities, the Administrator shall give priority for 
        funding to activities that the Administrator determines 
        will result in the greatest savings to the National 
        Flood Insurance Fund, including activities for--
                  ``(A) severe repetitive loss structures;
                  ``(B) repetitive loss structures; and
                  ``(C) other subsets of structures as the 
                Administrator may establish.'';
                  (C) in paragraph (5)--
                          (i) by striking all of the matter 
                        that precedes subparagraph (A) and 
                        inserting the following:
                  ``(4) Eligible activities.--Eligible 
                activities may include--'';
                          (ii) by striking subparagraphs (E) 
                        and (H);
                          (iii) by redesignating subparagraphs 
                        (D), (F), and (G) as subparagraphs (F), 
                        (H), and (I);
                          (iv) by inserting after subparagraph 
                        (C) the following new subparagraphs:
                  ``(D) demolition and rebuilding of properties 
                to at least base flood elevation or greater, if 
                required by the Administrator or if required by 
                any State regulation or local ordinance, and in 
                accordance with criteria established by the 
                Administrator;
                  ``(E) elevation, relocation, and 
                floodproofing of utilities (including equipment 
                that serve structures);'';
                          (v) by inserting after subparagraph 
                        (F), as so redesignated by clause (iii) 
                        of this subparagraph, the following new 
                        subparagraph:
                  ``(G) the development or update of State, 
                local, or Indian tribal mitigation plans which 
                meet the planning criteria established by the 
                Administrator, except that the amount from 
                grants under this section that may be used 
                under this subparagraph may not exceed $50,000 
                for any mitigation plan of a State or $25,000 
                for any mitigation plan of a local government 
                or Indian tribe;'';
                          (vi) in subparagraph (I); as so 
                        redesignated by clause (iii) of this 
                        subparagraph, by striking ``and'' at 
                        the end; and
                          (vii) by adding at the end the 
                        following new subparagraphs:
                  ``(J) other mitigation activities not 
                described in subparagraphs (A) through (H) or 
                the regulations issued under subparagraph (I), 
                that are described in the mitigation plan of a 
                State, community, or Indian tribe; and
                  ``(K) personnel costs for State staff that 
                provide technical assistance to communities to 
                identify eligible activities, to develop grant 
                applications, and to implement grants awarded 
                under this section, not to exceed $50,000 per 
                State in any Federal fiscal year, so long as 
                the State applied for and was awarded at least 
                $1,000,000 in grants available under this 
                section in the prior Federal fiscal year; the 
                requirements of subsections (d)(1) and (d)(2) 
                shall not apply to the activity under this 
                subparagraph.''; and
                  (D) by redesignating such subsection as 
                subsection (c);
          (6) by striking subsections (f), (g), and (h) and 
        inserting the following new subsection:
  ``(d) Matching Requirement.--The Administrator may provide 
grants for eligible mitigation activities as follows:
          ``(1) Severe repetitive loss structures.--In the case 
        of mitigation activities to severe repetitive loss 
        structures, in an amount up to 100 percent of all 
        eligible costs.
          ``(2) Repetitive loss structures.--In the case of 
        mitigation activities to repetitive loss structures, in 
        an amount up to 90 percent of all eligible costs.
          ``(3) Other mitigation activities.-- In the case of 
        all other mitigation activities, in an amount up to 75 
        percent of all eligible costs.'';
          (7) in subsection (i)--
                  (A) in paragraph (2)--
                          (i) by striking ``certified under 
                        subsection (g)'' and inserting 
                        ``required under subsection (d)''; and
                          (ii) by striking ``3 times the 
                        amount'' and inserting ``the amount''; 
                        and
                  (B) by redesignating such subsection as 
                subsection (e);
          (8) in subsection (j)--
                  (A) in paragraph (1), by striking ``Riegle 
                Community Development and Regulatory 
                Improvement Act of 1994'' and inserting ``Flood 
                Insurance Reform Act of 2011'';
                  (B) by redesignating such subsection as 
                subsection (f); and
          (9) by striking subsections (k) and (m) and inserting 
        the following new subsections:
  ``(g) Failure To Make Grant Award Within 5 Years.--For any 
application for a grant under this section for which the 
Administrator fails to make a grant award within 5 years of the 
date of application, the grant application shall be considered 
to be denied and any funding amounts allocated for such grant 
applications shall remain in the National Flood Mitigation Fund 
under section 1367 of this title and shall be made available 
for grants under this section.
  ``(h) Limitation on Funding for Mitigation Activities for 
Severe Repetitive Loss Structures.--The amount used pursuant to 
section 1310(a)(8) in any fiscal year may not exceed 
$40,000,000 and shall remain available until expended.
  ``(i) Definitions.--For purposes of this section, the 
following definitions shall apply:
          ``(1) Community.--The term `community' means--
                  ``(A) a political subdivision that--
                          ``(i) has zoning and building code 
                        jurisdiction over a particular area 
                        having special flood hazards, and
                          ``(ii) is participating in the 
                        national flood insurance program; or
                  ``(B) a political subdivision of a State, or 
                other authority, that is designated by 
                political subdivisions, all of which meet the 
                requirements of subparagraph (A), to administer 
                grants for mitigation activities for such 
                political subdivisions.
          ``(2) Repetitive loss structure.--The term 
        `repetitive loss structure' has the meaning given such 
        term in section 1370.
          ``(3) Severe repetitive loss structure.--The term 
        `severe repetitive loss structure' means a structure 
        that--
                  ``(A) is covered under a contract for flood 
                insurance made available under this title; and
                  ``(B) has incurred flood-related damage--
                          ``(i) for which 4 or more separate 
                        claims payments have been made under 
                        flood insurance coverage under this 
                        title, with the amount of each such 
                        claim exceeding $15,000, and with the 
                        cumulative amount of such claims 
                        payments exceeding $60,000; or
                          ``(ii) for which at least 2 separate 
                        claims payments have been made under 
                        such coverage, with the cumulative 
                        amount of such claims exceeding the 
                        value of the insured structure.''.
  (b) Elimination of Grants Program for Repetitive Insurance 
Claims Properties.--Chapter I of the National Flood Insurance 
Act of 1968 is amended by striking section 1323 (42 U.S.C. 
4030).
  (c) Elimination of Pilot Program for Mitigation of Severe 
Repetitive Loss Properties.--Chapter III of the National Flood 
Insurance Act of 1968 is amended by striking section 1361A (42 
U.S.C. 4102a).
  (d) National Flood Insurance Fund.--Section 1310(a) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is 
amended--
          (1) in paragraph (6), by inserting ``and'' after the 
        semicolon;
          (2) in paragraph (7), by striking the semicolon and 
        inserting a period; and
          (3) by striking paragraphs (8) and (9).
  (e) National Flood Mitigation Fund.--Section 1367 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4104d) is 
amended--
          (1) in subsection (b)--
                  (A) by striking paragraph (1) and inserting 
                the following new paragraph:
          ``(1) in each fiscal year, from the National Flood 
        Insurance Fund in amounts not exceeding $90,000,000 to 
        remain available until expended, of which--
                  ``(A) not more than $40,000,000 shall be 
                available pursuant to subsection (a) of this 
                section only for assistance described in 
                section 1366(a)(1);
                  ``(B) not more than $40,000,000 shall be 
                available pursuant to subsection (a) of this 
                section only for assistance described in 
                section 1366(a)(2); and
                  ``(C) not more than $10,000,000 shall be 
                available pursuant to subsection (a) of this 
                section only for assistance described in 
                section 1366(a)(3).''.
                  (B) in paragraph (3), by striking ``section 
                1366(i)'' and inserting ``section 1366(e)'';
          (2) in subsection (c), by striking ``sections 1366 
        and 1323'' and inserting ``section 1366'';
          (3) by redesignating subsections (d) and (e) as 
        subsections (f) and (g), respectively; and
          (4) by inserting after subsection (c) the following 
        new subsections:
  ``(d) Prohibition on Offsetting Collections.--Notwithstanding 
any other provision of this title, amounts made available 
pursuant to this section shall not be subject to offsetting 
collections through premium rates for flood insurance coverage 
under this title.
  ``(e) Continued Availability and Reallocation.--Any amounts 
made available pursuant to subparagraph (A), (B), or (C) of 
subsection (b)(1) that are not used in any fiscal year shall 
continue to be available for the purposes specified in such 
subparagraph of subsection (b)(1) pursuant to which such 
amounts were made available, unless the Administrator 
determines that reallocation of such unused amounts to meet 
demonstrated need for other mitigation activities under section 
1366 is in the best interest of the National Flood Insurance 
Fund.''.
  (f) Increased Cost of Compliance Coverage.--Section 
1304(b)(4) of the National Flood Insurance Act of 1968 (42 
U.S.C. 4011(b)(4)) is amended--
          (1) by striking subparagraph (B); and
          (2) by redesignating subparagraphs (C), (D), and (E) 
        as subparagraphs (B), (C), and (D), respectively.
                              ----------                              


9. An Amendment To Be Offered by Representative Palazzo of Mississippi 
               or His Designee, Debatable for 10 Minutes

  Page 32, line 6, before the period insert the following: ``, 
and includes an adequate number of representatives from the 
States with coastline on the Gulf of Mexico and other States 
containing areas identified by the Administrator of the Federal 
Emergency Management Agency as at high-risk for flooding or 
special flood hazard areas''.
                              ----------                              


10. An Amendment To Be Offered by Representative Walberg of Michigan or 
                 His Designee, Debatable for 10 Minutes

  Page 36, after line 3, insert the following new subsection:

  (i) Moratorium on Flood Map Changes.--
          (1) Moratorium.--Except as provided in paragraph (2) 
        and notwithstanding any other provision of this Act, 
        the National Flood Insurance Act of 1968, or the Flood 
        Disaster Protection Act of 1973, during the period 
        beginning upon the date of the enactment of this Act 
        and ending upon the submission by the Council to the 
        Administrator and the Congress of the proposed new 
        mapping standards required under subsection (c)(1), the 
        Administrator may not make effective any new or updated 
        rate maps for flood insurance coverage under the 
        national flood insurance program that were not in 
        effect for such program as of such date of enactment, 
        or otherwise revise, update, or change the flood 
        insurance rate maps in effect for such program as of 
        such date.
          (2) Letters of map change.--During the period 
        described in paragraph (1), the Administrator may 
        revise, update, and change the flood insurance rate 
        maps in effect for the national flood insurance program 
        only pursuant to a letter of map change (including a 
        letter of map amendment, letter of map revision, and 
        letter of map revision based on fill).
                              ----------                              


11. An Amendment To Be Offered by Representative Cardoza of California 
               or His Designee, Debatable for 10 Minutes

  Page 36, line 23, after the semicolon insert ``and''.

  Page 37, strike lines 1 through 3.

  Page 37, line 4, strike ``(C)'' and insert ``(B)''.
                              ----------                              


 12. An Amendment To Be Offered by Representative Burton of Indiana or 
                 His Designee, Debatable for 10 Minutes

  Page 50, line 20, insert ``TO MEMBERS OF CONGRESS'' after 
``NOTIFICATION''.

  Page 51, after line 11, insert the following new section:

SEC. 16. NOTIFICATION AND APPEAL OF MAP CHANGES; NOTIFICATION TO 
                    COMMUNITIES OF ESTABLISHMENT OF FLOOD ELEVATIONS.

  Section 1363 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4104) is amended by striking the section designation and 
all that follows through the end of subsection (a) and 
inserting the following:
  ``Sec. 1363. (a) In establishing projected flood elevations 
for land use purposes with respect to any community pursuant to 
section 1361, the Director shall first propose such 
determinations--
          ``(1) by providing the chief executive officer of 
        each community affected by the proposed elevations, by 
        certified mail, with a return receipt requested, notice 
        of the elevations, including a copy of the maps for the 
        elevations for such community and a statement 
        explaining the process under this section to appeal for 
        changes in such elevations;
          ``(2) by causing notice of such elevations to be 
        published in the Federal Register, which notice shall 
        include information sufficient to identify the 
        elevation determinations and the communities affected, 
        information explaining how to obtain copies of the 
        elevations, and a statement explaining the process 
        under this section to appeal for changes in the 
        elevations;
          ``(3) by publishing in a prominent local newspaper 
        the elevations, a description of the appeals process 
        for flood determinations, and the mailing address and 
        telephone number of a person the owner may contact for 
        more information or to initiate an appeal; and
          ``(4) by providing written notification, by first 
        class mail, to each owner of real property affected by 
        the proposed elevations of--
                  ``(A) the status of such property, both prior 
                to and after the effective date of the proposed 
                determination, with respect to flood zone and 
                flood insurance requirements under this Act and 
                the Flood Disaster Protection Act of 1973;
                  ``(B) the process under this section to 
                appeal a flood elevation determination; and
                  ``(C) the mailing address and phone number of 
                a person the owner may contact for more 
                information or to initiate an appeal.''.
                              ----------                              


     13. An Amendment To Be Offered by Representative McGovern of 
        Massachusetts or His Designee, Debatable for 10 Minutes

  Page 55, line 4, before ``OBTAINING'' insert ``AND 
COMMUNITIES''.

  Page 55, line 5, before the period insert ``OR REVISION''.

  Page 55, line 14, after ``1973'' insert ``, or a community in 
which such a property is located,''.

  Page 55, line 15, before ``due'' insert ``, or a letter of 
map revision,''.

  Page 55, line 19, after ``behalf,'' insert ``or such 
community, as applicable,''.

  Page 56, line 2, after ``owner'' insert ``or community, as 
applicable,''.
                              ----------                              


14. An Amendment To Be Offered by Representative Brady of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 56, after line 9, insert the following new section:

SEC. 20. NOTIFICATION TO RESIDENTS NEWLY INCLUDED IN FLOOD HAZARD 
                    AREAS.

  Section 1360 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4101), as amended by the preceding provisions of this 
Act, is further amended by adding at the end the following new 
subsection:
  ``(n) Notification to Residents Newly Included in Flood 
Hazard Area.--In revising or updating any areas having special 
flood hazards, the Administrator shall provide to each owner of 
a property to be newly included in such a special flood hazard 
area, at the time of issuance of such proposed revised or 
updated flood insurance maps, a copy of the proposed revised or 
updated flood insurance maps together with information 
regarding the appeals process under section 1363 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4104).''.
                              ----------                              


 15. An Amendment To Be Offered by Representative Cuellar of Texas or 
                 His Designee, Debatable for 10 Minutes

  Page 56, after line 9, insert the following new section:

SEC. 20. ENHANCED COMMUNICATION WITH CERTAIN COMMUNITIES DURING MAP 
                    UPDATING PROCESS.

  Section 1360 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4101), as amended by the preceding provisions of this 
Act, is further amended by adding at the end the following new 
subsection:
  ``(n) Enhanced Communication With Certain Communities During 
Map Updating Process.--In updating flood insurance maps under 
this section, the Administrator shall communicate with 
communities located in areas where flood insurance rate maps 
have not been updated in 20 years or more and the appropriate 
State emergency agencies to resolve outstanding issues, provide 
technical assistance, and disseminate all necessary information 
to reduce the prevalence of outdated maps in flood-prone 
areas.''.
                              ----------                              


16. An Amendment To Be Offered by Representative Sherman of California 
               or His Designee, Debatable for 10 Minutes

  Page 57, after line 2, insert the following new section:

SEC. 21. FEMA AUTHORITY TO REJECT TRANSFER OF POLICIES.

  Section 1345 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4081) is amended by adding at the end the following new 
subsection:
  ``(d) FEMA Authority To Reject Transfer of Policies.--
Notwithstanding any other provision of this Act, the 
Administrator may, at the discretion of the Administrator, 
refuse to accept the transfer of the administration of policies 
for coverage under the flood insurance program under this title 
that are written and administered by any insurance company or 
other insurer, or any insurance agent or broker.''.

  Strike line 23 on page 64 and all that follows through page 
65, line 5, and insert the following new section:

SEC. 24. REQUIRING COMPETITION FOR NATIONAL FLOOD INSURANCE PROGRAM 
                    POLICIES.

  (a) Report.--Not later than the expiration of the 90-day 
period beginning upon the date of the enactment of this Act, 
the Administrator of the Federal Emergency Management Agency, 
in consultation with insurance companies, insurance agents and 
other organizations with which the Administrator has 
contracted, shall submit to the Congress a report describing 
procedures and policies that the Administrator shall implement 
to limit the percentage of policies for flood insurance 
coverage under the national flood insurance program that are 
directly managed by the Agency to not more than 10 percent of 
the aggregate number of flood insurance policies in force under 
such program.
  (b) Implementation.--Upon submission of the report under 
subsection (a) to the Congress, the Administrator shall 
implement the policies and procedures described in the report. 
The Administrator shall, not later than the expiration of the 
12-month period beginning upon submission of such report, 
reduce the number of policies for flood insurance coverage that 
are directly managed by the Agency, or by the Agency's direct 
servicing contractor that is not an insurer, to not more than 
10 percent of the aggregate number of flood insurance policies 
in force as of the expiration of such 12-month period.
  (c) Continuation of Current Agent Relationships.--In carrying 
out subsection (b), the Administrator shall ensure that--
          (1) agents selling or servicing policies described in 
        such subsection are not prevented from continuing to 
        sell or service such policies; and
          (2) insurance companies are not prevented from 
        waiving any limitation such companies could otherwise 
        enforce to limit any such activity.
                              ----------                              


 17. An Amendment To Be Offered by Representative Loebsack of Iowa or 
                 His Designee, Debatable for 10 Minutes

  Page 57, after line 2, insert the following new section:

SEC. 21. APPEALS.

  (a) Television and Radio Announcement.--Section 1363 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4104) is 
amended--
          (1) in subsection (a), by inserting after 
        ``determinations'' by inserting the following: ``by 
        notifying a local television and radio station,''; and
          (2) in the first sentence of subsection (b), by 
        inserting before the period at the end the following: 
        ``and shall notify a local television and radio station 
        at least once during the same 10-day period''.
  (b) Extension of Appeals Period.--Subsection (b) of section 
1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4104(b)) is amended--
          (1) by striking ``(b) The Director'' and inserting 
        ``(b)(1) The Administrator''; and
          (2) by adding at the end the following new paragraph:
  ``(2) The Administrator shall grant an extension of the 90-
day period for appeals referred to in paragraph (1) for 90 
additional days if an affected community certifies to the 
Administrator, after the expiration of at least 60 days of such 
period, that the community--
          ``(A) believes there are property owners or lessees 
        in the community who are unaware of such period for 
        appeals; and
          ``(B) will utilize the extension under this paragraph 
        to notify property owners or lessees who are affected 
        by the proposed flood elevation determinations of the 
        period for appeals and the opportunity to appeal the 
        determinations proposed by the Administrator.''.
  (c) Applicability.--The amendments made by subsections (a) 
and (b) shall apply with respect to any flood elevation 
determination for any area in a community that has not, as of 
the date of the enactment of this Act, been issued a Letter of 
Final Determination for such determination under the flood 
insurance map modernization process.
                              ----------                              


18. An Amendment To Be Offered by Representative Palazzo of Mississippi 
               or His Designee, Debatable for 10 Minutes

  Page 57, after line 2, insert the following new section:

SEC. 21. INFORMATION REGARDING MULTIPLE PERILS CLAIMS.

  Section 1345 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4081) is amended by adding at the end the following new 
subsection:
  ``(d) Information Regarding Multiple Perils Claims.--
          ``(1) In general.--Subject to paragraph (2), if an 
        insured having flood insurance coverage under a policy 
        issued under the program under this title by the 
        Administrator or a company, insurer, or entity offering 
        flood insurance coverage under such program (in this 
        subsection referred to as a `participating company') 
        has wind or other homeowners coverage from any company, 
        insurer, or other entity covering property covered by 
        such flood insurance, in the case of damage to such 
        property that may have been caused by flood or by wind, 
        the Administrator and the participating company, upon 
        the request of the insured, shall provide to the 
        insured, within 30 days of such request--
                  ``(A) a copy of the estimate of structure 
                damage;
                  ``(B) proofs of loss;
                  ``(C) any expert or engineering reports or 
                documents commissioned by or relied upon by the 
                Administrator or participating company in 
                determining whether the damage was caused by 
                flood or any other peril; and
                  ``(D) the Administrator's or the 
                participating company's final determination on 
                the claim.
          ``(2) Timing.--Paragraph (1) shall apply only with 
        respect to a request described in such paragraph made 
        by an insured after the Administrator or the 
        participating company, or both, as applicable, have 
        issued a final decision on the flood claim involved and 
        resolution of all appeals with respect to such 
        claim.''.
                              ----------                              


   19. An Amendment To Be Offered by Representative Westmoreland of 
           Georgia or His Designee, Debatable for 10 Minutes

  Page 57, after line 2, insert the following new section:

SEC. 21. RESERVE FUND.

  (a) Establishment.--Chapter I of the National Flood Insurance 
Act of 1968 is amended by inserting after section 1310 (42 
U.S.C. 4017) the following new section:

``SEC. 1310A. RESERVE FUND.

  ``(a) Establishment of Reserve Fund.--In carrying out the 
flood insurance program authorized by this title, the 
Administrator shall establish in the Treasury of the United 
States a National Flood Insurance Reserve Fund (in this section 
referred to as the `Reserve Fund') which shall--
          ``(1) be an account separate from any other accounts 
        or funds available to the Administrator; and
          ``(2) be available for meeting the expected future 
        obligations of the flood insurance program.
  ``(b) Reserve Ratio.--Subject to the phase-in requirements 
under subsection (d), the Reserve Fund shall maintain a balance 
equal to--
          ``(1) 1 percent of the sum of the total potential 
        loss exposure of all outstanding flood insurance 
        policies in force in the prior fiscal year; or
          ``(2) such higher percentage as the Administrator 
        determines to be appropriate, taking into consideration 
        any circumstance that may raise a significant risk of 
        substantial future losses to the Reserve Fund.
  ``(c) Maintenance of Reserve Ratio.--
          ``(1) In general.--The Administrator shall have the 
        authority to establish, increase, or decrease the 
        amount of aggregate annual insurance premiums to be 
        collected for any fiscal year necessary--
                  ``(A) to maintain the reserve ratio required 
                under subsection (b); and
                  ``(B) to achieve such reserve ratio, if the 
                actual balance of such reserve is below the 
                amount required under subsection (b).
          ``(2) Considerations.--In exercising the authority 
        under paragraph (1), the Administrator shall consider--
                  ``(A) the expected operating expenses of the 
                Reserve Fund;
                  ``(B) the insurance loss expenditures under 
                the flood insurance program;
                  ``(C) any investment income generated under 
                the flood insurance program; and
                  ``(D) any other factor that the Administrator 
                determines appropriate.
          ``(3) Limitations.--In exercising the authority under 
        paragraph (1), the Administrator shall be subject to 
        all other provisions of this Act, including any 
        provisions relating to chargeable premium rates and 
        annual increases of such rates.
  ``(d) Phase-in Requirements.--The phase-in requirements under 
this subsection are as follows:
          ``(1) In general.--Beginning in fiscal year 2012 and 
        not ending until the fiscal year in which the ratio 
        required under subsection (b) is achieved, in each such 
        fiscal year the Administrator shall place in the 
        Reserve Fund an amount equal to not less than 7.5 
        percent of the reserve ratio required under subsection 
        (b).
          ``(2) Amount satisfied.--As soon as the ratio 
        required under subsection (b) is achieved, and except 
        as provided in paragraph (3), the Administrator shall 
        not be required to set aside any amounts for the 
        Reserve Fund.
          ``(3) Exception.--If at any time after the ratio 
        required under subsection (b) is achieved, the Reserve 
        Fund falls below the required ratio under subsection 
        (b), the Administrator shall place in the Reserve Fund 
        for that fiscal year an amount equal to not less than 
        7.5 percent of the reserve ratio required under 
        subsection (b).
  ``(e) Limitation on Reserve Ratio.--In any given fiscal year, 
if the Administrator determines that the reserve ratio required 
under subsection (b) cannot be achieved, the Administrator 
shall submit a report to the Congress that--
          ``(1) describes and details the specific concerns of 
        the Administrator regarding such consequences;
          ``(2) demonstrates how such consequences would harm 
        the long-term financial soundness of the flood 
        insurance program; and
          ``(3) indicates the maximum attainable reserve ratio 
        for that particular fiscal year.
  ``(f) Availability of Amounts.--The reserve ratio 
requirements under subsection (b) and the phase-in requirements 
under subsection (d) shall be subject to the availability of 
amounts in the National Flood Insurance Fund for transfer under 
section 1310(a)(10), as provided in section 1310(f).''.
  (b) Funding.--Subsection (a) of section 1310 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is amended--
          (1) in paragraph (8), by striking ``and'' at the end;
          (2) in paragraph (9), by striking the period at the 
        end and inserting ``; and''; and
          (3) by adding at the end the following new paragraph:
          ``(10) for transfers to the National Flood Insurance 
        Reserve Fund under section 1310A, in accordance with 
        such section.''.
                              ----------                              


20. An Amendment To Be Offered by Representative Miller of Michigan or 
                 Her Designee, Debatable for 10 Minutes

  Page 64, after line 2, insert the following new section:

SEC. 23. TERMINATION OF BROADCAST PERSONIFIED FLOOD INSURANCE 
                    COMMERCIALS.

  Prohibition.--The Administrator of the Federal Emergency 
Management Agency may not, after the date of the enactment of 
this Act, obligate any amounts for purchasing time or space for 
any advertisement or commercial for flood insurance coverage 
under the national flood insurance program under the National 
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.). This 
subsection may not be construed to prohibit obligation of 
amounts for dissemination of information regarding such program 
to holders of flood insurance policies under such program.
  (b) Reduction of National Flood Insurance Fund Debt.--Any 
amounts made available to the Administrator and allocated for 
advertising or commercials described in subsection (a) that 
remain unobligated on he date of the enactment of this Act 
shall be used only for reducing the debt of the National Flood 
Insurance Fund incurred pursuant to the authority under section 
1309 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4016).
                              ----------                              


    21. An Amendment To Be Offered by Representative Luetkemeyer of 
           Missouri or His Designee, Debatable for 10 Minutes

  Page 70, after line 5, insert the following new section:

SEC. 27. REPORT ON FLOOD-IN-PROGRESS DETERMINATION.

  The Administrator of the Federal Emergency Management Agency 
shall review the processes and procedures for determining that 
a flood event has commenced or is in progress for purposes of 
flood insurance coverage made available under the national 
flood insurance program under the National Flood Insurance Act 
of 1968 and for providing public notification that such an 
event has commenced or is in progress. In such review, the 
Administrator shall take into consideration the effects and 
implications that weather conditions, such as rainfall, 
snowfall, projected snowmelt, existing water levels, and other 
conditions have on the determination that a flood event has 
commenced or is in progress. Not later than the expiration of 
the 6-month period beginning upon the date of the enactment of 
this Act, the Administrator shall submit a report to the 
Congress setting forth the results and conclusions of the 
review undertaken pursuant to this section and any actions 
undertaken or proposed actions to be taken to provide for a 
more precise and technical determination that a flooding event 
has commenced or is in progress.
                              ----------                              


 22. An Amendment To Be Offered by Representative Canseco of Texas or 
                 His Designee, Debatable for 10 Minutes

  On page 70, after line 5, insert the following new section:

SEC. 27. STUDY ON REPAYING FLOOD INSURANCE DEBT.

  Not later than the expiration of the 6-month period beginning 
on the date of the enactment of this Act, the Administrator of 
the Federal Emergency Management Agency shall submit a report 
to the Congress setting forth a plan for repaying within 10 
years all amounts, including any amounts previously borrowed 
but not yet repaid, owed pursuant to clause (2) of subsection 
(a) of section 1309 of the National Flood Insurance Act of 1968 
(42 U.S.C. 4016(a)(2)).
                              ----------                              


 23. An Amendment To Be Offered by Representative Scott of Virginia or 
                 His Designee, Debatable for 10 Minutes

  Page 70, after line 5, insert the following new section:

SEC. 27. STUDY OF ALL-PERIL INSURANCE COVERAGE FOR RESIDENTIAL 
                    PROPERTIES.

  (a) Study.--The Comptroller General of the United States 
shall conduct a study to determine various means and methods by 
which a market could be established, and the effectiveness and 
feasibility of each such means and method, for providing all-
peril insurance coverage for residential properties. Such study 
shall analyze and determine, for only residential properties 
with mortgages insured under the FHA mortgage insurance 
programs of the Secretary of Housing and Urban Development, and 
for all residential properties--
          (1) whether a viable insurance market could be 
        established, including by establishment of a Federal 
        program for reinsurance for such all-peril insurance 
        coverage and by other means and methods;
          (2) the effects of each such means and method of 
        establishing such a market in facilitating and 
        encouraging the private insurance market to develop and 
        offer all-peril insurance products for residential 
        properties;
          (3) the cost of such all-peril insurance coverage for 
        various types of residential properties; and
          (4) the effects that requiring such insurance 
        coverage would have on prices for existing housing and 
        for housing constructed in the future.
  (b) Report.--Not later than the expiration of the 12-month 
period beginning on the date of the enactment of this Act, the 
Comptroller General shall submit to the Congress a report 
describing the study conducted pursuant to subsection (a) and 
the analysis conducted under such study, and setting forth the 
results and determinations of the study.
  (c) All-peril Insurance.--For purposes of this section, the 
term ``all-peril insurance'' means, with respect a residential 
property, insurance coverage meeting the following 
requirements:
          (1) Substantial deductible.--The coverage is made 
        available subject to a substantial deductible in 
        relation to the amount of coverage provided.
          (2) Covered losses.--The coverage covers only damage 
        and losses to the property that--
                  (A) render the property uninhabitable or 
                substantially impair the habitability of the 
                property; and
                  (B) result from any of the following 
                hazards--
                          (i) movement of the earth, including 
                        earthquakes, shockwaves, sinkholes, 
                        landslides, and mudflows;
                          (ii) water damage, including floods, 
                        sewer back-ups, and water seepage 
                        through the foundation;
                          (iii) war, including undeclared war 
                        and civil war;
                          (iv) nuclear hazards, including 
                        explosion of nuclear devices and 
                        nuclear reactor accidents;
                          (v) governmental action, including 
                        the destruction, confiscation, or 
                        seizure of covered property by any 
                        governmental or public authority; or
                          (vi) bad repair or workmanship on a 
                        property, use of faulty construction 
                        materials in a property, or defective 
                        maintenance to a property.
                              ----------                              


 24. An Amendment To Be Offered by Representative Walz of Minnesota or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 28. AUTHORITY FOR THE CORPS OF ENGINEERS TO PROVIDE SPECIALIZED OR 
                    TECHNICAL SERVICES.

  (a) In General.--Notwithstanding any other provision of law, 
upon the request of a State or local government, the Secretary 
of the Army may evaluate a levee system that was designed or 
constructed by the Secretary for the purposes of the National 
Flood Insurance Program established under chapter 1 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.).
  (b) Requirements.--A levee system evaluation under subsection 
(a) shall--
          (1) comply with applicable regulations related to 
        areas protected by a levee system;
          (2) be carried out in accordance with such procedures 
        as the Secretary, in consultation with the 
        Administrator of the Federal Emergency Management 
        Agency, may establish; and
          (3) be carried out only if the State or local 
        government agrees to reimburse the Secretary for all 
        cost associated with the performance of the activities.
                              ----------                              


25. An Amendment To Be Offered by Representative Miller of Michigan or 
                 Her Designee, Debatable for 10 Minutes

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Flood Insurance 
Program Termination Act of 2011''.

SEC. 2. TERMINATION OF NATIONAL FLOOD INSURANCE PROGRAM.

  (a) Termination of Authority To Provide Coverage.--Effective 
January 1, 2012, the Administrator of the Federal Emergency 
Management Agency (in this section referred to as the 
``Administrator'') shall not provide any new flood insurance 
coverage, or renew any coverage provided before such date, 
under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 
et seq.).
  (b) Treatment of Existing Coverage.--Subsection (a) shall 
not--
          (1) affect any flood insurance coverage provided 
        under such Act under a contract or agreement entered 
        into before the date specified in such subsection and, 
        notwithstanding the repeals under section 3, such 
        provisions as in effect immediately before such repeal 
        shall continue to apply with respect to flood insurance 
        coverage in force after such repeal; or
          (2) require the termination of any contract or other 
        agreement for flood insurance coverage entered into 
        before such date.
  (c) Wind-Up.--After the date specified in subsection (a), the 
Administrator shall take such actions as may be necessary steps 
to wind up the affairs of the National Flood Insurance Program.
  (d) Treatment of Funds.--Amounts in the National Flood 
Insurance Fund established under section 1310 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4017) shall be available 
to the Administrator for performing the functions of the 
Administrator with respect to flood insurance coverage 
remaining in force after the date specified in subsection (a). 
Upon the expiration of the contracts and agreements for such 
coverage, any unexpended balances in such Fund shall be 
deposited in the Treasury as miscellaneous receipts.
  (e) Savings Provisions.--
          (1) Treatment of prior determinations.--The repeals 
        made by section 3 of the provisions of law specified in 
        such section shall not affect any order, determination, 
        regulation, or contract that has been issued, made, or 
        allowed to become effective under such provisions 
        before the effective date of the repeal. All such 
        orders, determinations, regulations, and contracts 
        shall continue in effect until modified, superseded, 
        terminated, set aside, or revoked in accordance with 
        law by the President, the Administrator, or other 
        authorized official, a court of competent jurisdiction, 
        or by operation of law.
          (2) Pending proceedings.--
                  (A) Effect on pending proceedings.--The 
                repeals made by section 3 shall not affect any 
                proceedings relating to the National Flood 
                Insurance Program, including notices of 
                proposed rulemaking, pending on the effective 
                date of the repeals, before the Federal 
                Emergency Management Agency, except that no 
                assistance or flood insurance coverage may be 
                provided pursuant to any application pending on 
                such effective date. Such proceedings, to the 
                extent that they relate to functions performed 
                by the Administrator after such repeal, shall 
                be continued. Orders shall be issued in such 
                proceedings, appeals shall be taken therefrom, 
                and payments shall be made pursuant to such 
                orders, as if this Act had not been enacted; 
                and orders issued in any such proceedings shall 
                continue in effect until modified, terminated, 
                superseded, or revoked by the Administrator, by 
                a court of competent jurisdiction, or by 
                operation of law.
                  (B) Construction.--Nothing in this subsection 
                may be construed to prohibit the discontinuance 
                or modification of any proceeding described in 
                subparagraph (A) under the same terms and 
                conditions and to the same extent that such 
                proceeding could have been discontinued or 
                modified if this section had not been enacted.
          (3) Actions.--This section shall not affect suits 
        commenced before the effective date of the repeals made 
        by section 3, and in all such suits, proceedings shall 
        be had, appeals taken, and judgments rendered in the 
        same manner and effect as if this section had not been 
        enacted.
          (4) Liabilities incurred.--No suit, action, or other 
        proceeding commenced by or against an individual in the 
        official capacity of such individual as an officer of 
        the Federal Emergency Management Agency having any 
        responsibility for the National Flood Insurance Program 
        shall abate by reason of the enactment of this section. 
        No cause of action relating to such Program, by or 
        against the Federal Emergency Management Agency, or by 
        or against any officer thereof in the official capacity 
        of such officer having any responsibility for such 
        program, shall abate by reason of the enactment of this 
        section.

SEC. 3. REPEALS AND CONTINUATION OF FEMA MAPPING RESPONSIBILITIES.

  (a) National Flood Insurance Act of 1968.--The National Flood 
Insurance Act of 1968 is amended--
          (1) by striking section 1302 (42 U.S.C. 4001);
          (2) by striking chapters I and II (42 U.S.C. 4011 et 
        seq.);
          (3) in section 1360 (42 U.S.C. 4101)--
                  (A) in subsection (a)(2), by striking ``until 
                the date specified in section 1319'';
                  (B) by striking subsection (d);
                  (C) in subsection (g)--
                          (i) by striking ``To promote 
                        compliance with the requirements of 
                        this title, the'' and inserting 
                        ``The'';
                          (ii) by striking ``directly 
                        responsible for coordinating the 
                        national flood insurance program'';
                          (iii) in the last sentence, by 
                        striking ``National Flood Insurance 
                        Fund, pursuant to section 1310(b)(6)'' 
                        and inserting the following: ``General 
                        Fund of the Treasury and shall be used 
                        only for reducing the budget deficit of 
                        the Federal Government''; and
                  (D) in subsection (i)--
                          (i) by striking ``free of charge'' 
                        and inserting ``at cost'';
                          (ii) by striking ``and States and 
                        communities participating in the 
                        national flood insurance program 
                        pursuant to section 1310 and at cost to 
                        all other'' and inserting ``, States 
                        and communities, and other 
                        interested''; and
                          (iii) in the he last sentence, by 
                        striking ``National Flood Insurance 
                        Fund, pursuant to section 1310(b)(6)'' 
                        and inserting the following: ``General 
                        Fund of the Treasury and shall be used 
                        only for reducing the budget deficit of 
                        the Federal Government'';
          (4) by striking sections 1361A (42 U.S.C. 4102a);
          (5) in section 1363(e) (42 U.S.C. 4104(e)), by 
        striking the third and fifth sentences; and
          (6) in section 1364 (42 U.S.C. 4104a)--
                  (A) in subsection (a)--
                          (i) in paragraphs (1) and (2), by 
                        striking ``or the Flood Disaster 
                        Protection Act of 1973'' each place 
                        such term appears; and
                          (ii) in paragraph (3)--
                                  (I) by striking subparagraphs 
                                (B) and (C) and inserting the 
                                following:
                  ``(B) a statement that flood insurance 
                coverage may be available in the private market 
                or through a State-sponsored program; and''; 
                and
                                  (II) by redesignating 
                                subparagraph (D) as 
                                subparagraph (C);
                  (B) by striking subsections (b) and (c);
          (7) in section 1365 (42 U.S.C. 4104b)--
                  (A) in subsection (a), by striking ``and in 
                which flood insurance under this title is 
                available''; and
                  (B) in subsection (b)--
                          (i) by striking paragraph (1); and
                          (ii) in paragraph (2)--
                                  (I) in the first sentence, by 
                                striking ``the community 
                                identification number and 
                                community participation status 
                                (for purposes of the national 
                                flood insurance program) of the 
                                community in which the improved 
                                real estate or such property is 
                                located,''; and
                                  (II) in the third sentence, 
                                by striking ``because the 
                                building or mobile home is not 
                                located in a community that is 
                                participating in the national 
                                flood insurance program or'';
          (8) by striking sections 1366 and 1367 (42 U.S.C. 
        4104c, 4104d);
          (9) in section 1370 (42 U.S.C. 4121)--
                  (A) by striking paragraphs (3), (4), (5), 
                (7), (14), and (15);
                  (B) in paragraph (12)(B), by striking the 
                semicolon at the end and inserting ``; and'';
                  (C) in paragraph (13), by striking the 
                semicolon at the end and inserting a period; 
                and
                  (D) by redesignating paragraphs (6), (8), 
                (9), (10), (11), (12), and (13), as so amended, 
                as paragraphs (3), (4), (5), (6), (7), (8), and 
                (9), respectively;
          (10) by striking sections 1371 through 1375 (42 
        U.S.C. 4122-26);
          (11) in section 1376 (42 U.S.C. 4127)--
                  (A) in subsection (a), by striking ``to carry 
                out this title'' and all that follows through 
                the end of paragraph (3) and inserting ``to 
                carry out the mapping, studies, investigations, 
                and other responsibilities of the Director 
                under this title''; and
                  (B) by striking subsection (c); and
          (12) by striking section 1377 (42 U.S.C. 4001 note).
  (b) Flood Disaster Protection Act of 1973.--The Flood 
Disaster Protection Act of 1973 is amended--
          (1) by striking section 2 (42 U.S.C. 4002);
          (2) by striking section 102 (42 U.S.C. 4012a);
          (3) in section 201 (42 U.S.C. 4105)--
                  (A) by striking subsection (a) and inserting 
                the following new subsection:
  ``(a) As information becomes available to the Director 
concerning the existence of flood hazards, the Director shall 
publish information in accordance with section 1360(a)(1) of 
the National Flood Insurance Act of 1968 and shall notify the 
chief executive officer of each known flood-prone community of 
its tentative identification as a community containing one or 
more areas having special flood hazards.'';
                  (B) in subsection (b), by striking ``shall 
                either (1) promptly make proper application to 
                participate in the national flood insurance 
                program or (2)'' and inserting ``may'';
                  (C) by striking subsections (c) and (d);
                  (D) by redesignating subsection (e) as 
                subsection (c); and
          (4) by striking section 202 (42 U.S.C. 4106).
  (c) Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 
2004.--Title II of the Bunning-Bereuter-Blumenauer Flood 
Insurance Reform Act of 2004 (42 U.S.C. 4011 note).
  (d) National Flood Insurance Reform Act of 1994.--The 
National Flood Insurance Reform Act of 1994 is amended by 
striking sections 561 (42 U.S.C. 4011 note), 562 (42 U.S.C. 
4102 note), 578 (42 U.S.C. 4014 note), 579(b), and 582 (42 
U.S.C. 5154a).
  (e) Federal Flood Insurance Act of 1956.--Section 15 of the 
Federal Flood Insurance Act of 1956 (42 U.S.C. 2414) is amended 
by striking subsection (e).
  (f) Effective Date.--The amendments made by this section 
shall take effect on January 1, 2012.

SEC. 4. INTERSTATE COMPACTS FOR FLOOD INSURANCE COVERAGE.

  (a) Congressional Consent.--The consent of the Congress is 
hereby given to any two or more States to enter into agreement 
or compacts, not in conflict with any law of the United States, 
for making available to interested persons insurance coverage 
against loss resulting from physical damage to or loss of real 
property or personal property related thereto arising from any 
flood occurring in the United States.
  (b) Rights Reserved.--The right to alter, amend, or repeal 
this section, or consent granted by this section, is expressly 
reserved to the Congress.

                                  
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