H.R. 1194 — Introduced in House

I 113th CONGRESS 1st Session H. R. 1194 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mrs. Miller of Michigan introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To terminate the National Flood Insurance Program and related mandatory purchase and compliance requirements, and for other purposes. 1. Short title This Act may be cited as the National Flood Insurance Program Termination Act of 2013. 2. Termination of National Flood Insurance Program (a) Termination of authority To provide coverage Effective at the end of December 31, 2015, 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) and amounts in the National Flood Insurance Reserve Fund established under section 1310A of such Act (42 U.S.C. 4017a) 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 Funds 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. 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; and (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 debt 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 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 debt of the Federal Government; (4) in section 1363 (42 U.S.C. 4104)— (A) in subsection (e)— (i) in the second sentence, by striking the Scientific Resolution Panel provided for in section 1363A and inserting an independent scientific body or appropriate Federal agency for advice; and (ii) by striking the third and fifth sentences; (B) in subsection (g), by striking Except as provided in section 1363A, any and inserting Any; (5) by striking section 1363A (42 U.S.C. 4104–1); (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); and (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); and (D) by redesignating subsection (e) as subsection (c); and (4) by striking section 202 (42 U.S.C. 4106). (c) Biggert-Waters Flood Insurance Reform Act of 2012 The Biggert-Waters Flood Insurance Reform Act of 2012 is amended— (1) in section 100215 (42 U.S.C. 4101a)— (A) in subsection (b)(2), by striking insurance rate and inserting risk ; (B) in subsection (c), by striking insurance rate each place such term appears and inserting risk; (C) in subsection (d)— (i) in paragraph (1)(A)(i), by striking insurance rate and inserting risk; and (ii) in paragraph (2), by striking National Flood Insurance Program rate and inserting flood risk; and (D) in subsection (l)(2), by striking insurance rate and inserting risk; (2) in section 100216 (42 U.S.C. 4101b)— (A) in subsection (a), by striking National Flood Insurance Program rate and inserting flood risk; (B) in subsection (b)— (i) in paragraph (1), by striking National Flood Insurance Program rate each place such term appears in subparagraphs (A) and (C) and inserting flood risk; and (ii) in paragraph (2)(B), by striking National Flood Insurance Program; (C) in subsection (d)— (i) in paragraph (1)— (I) in subparagraph (A), by striking effects— and all that follows and inserting effects of any potential changes to flood risk maps that may result from the mapping program required under this section.; and (II) in subparagraph (B), by striking (with regard to contents insurance); and (ii) in paragraph (2)— (I) in subparagraph (A), by striking covered by the mandatory flood insurance purchase requirements under section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and inserting having special flood hazards; (II) in subparagraph (B), by striking subject to the flood insurance mandatory purchase requirement and inserting areas having special flood hazards; and (III) in subparagraph (C), by striking , including and all that follows through (42 U.S.C. 4011 et seq.); and (D) in subsection (e)— (i) by striking National Flood Insurance Program rate and inserting flood risk; (ii) by striking insurance rates and inserting risk designations; and (iii) by striking its rate maps and inserting its risk maps; and (3) by striking— (A) section 100224 (42 U.S.C. 4081 note; relating to oversight and expense reimbursements of insurance companies); (B) section 100226 (42 U.S.C. 4101 note; relating to flood protection structure accreditation task force); (C) section 100227 (42 U.S.C. 4011 note; relating to flood in progress determinations); (D) section 100229 (126 Stat. 945; relating to local data requirement); (E) section 100230 (42 U.S.C. 4014 note; relating to eligibility for insurance); (F) section 100231 (126 Stat. 949; relating to studies and reports); (G) subsections (a), (b), (c), and (e) of section 100232 (126 Stat. 953; relating to reinsurance); (H) section 100233 (126 Stat. 955; relating to GAO study on business interruption and additional living expenses coverages); (I) section 100234 (42 U.S.C. 4013a; relating to policy disclosures); (J) section 100236 (126 Stat. 957; relating to study of participation and affordability for certain policyholders); (K) section 100237 (126 Stat. 957; relating to study and report concerning Indian tribe and member participation in flood insurance program); (L) section 100240 (126 Stat. 961; relating to levees constructed on certain properties); (M) section 100247 (126 Stat. 967; relating to FIO study on risks, hazards, and insurance); and (N) section 100248 (126 Stat. 968; relating to flood protection improvements constructed on certain properties). (d) Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 The Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 is amended by striking title II (118 Stat. 725). (e) 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). (f) 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). (g) Real Estate Procedures Act of 1974 Paragraph 14 of section 5(b) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604(b)(14)) is amended by striking under the National Flood Insurance Program or. (h) Housing and Community Development Act of 1974 Paragraph (28) of section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(28)) is amended— (1) in the matter preceding subparagraph (A)— (A) by striking participate in the national flood insurance program and inserting have areas designated; (B) by inserting as having special flood hazards after the first comma; and (C) by striking under such Act; and (2) in subparagraph (A)— (A) in clause (i), by striking participate in the national flood insurance program and inserting have areas designated as having special flood hazards; (B) in clause (ii), by striking and the effect of such inclusion and all that follow through to such property; (C) in clause (iii), by striking the flood insurance mandatory purchase requirement and inserting special flood hazards; (D) in clause (iv), by striking , including, where applicable, lower-cost preferred risk policies under this title for such properties and the contents of such properties; (E) in clause (vi) by striking , including a telephone number and all that follows through is available; and (F) in clause (vii)— (i) by striking participating in the national flood insurance program regarding the program and and inserting having areas designated as having special flood hazards regarding; and (ii) by striking coverage under the National Flood Insurance Act of 1968 and inserting private flood insurance coverage. (i) Effective date The amendments made by this section shall take effect at the end of December 31, 2015. 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.