,i #aacth ,,congress #ast ,session ,h4 ,r4 #ceaa ,,in ,,the ,,house ,,of ,,representatives ,november #ae1 #bjac ,mr4 ,capuano 7for himself1 ,ms4 ,waters1 ,mr4 ,jones1 ,mr4 ,hinojosa1 ,mr4 ,lynch1 ,mr4 ,keating1 and ,mr4 ,tierney7 introduced the following bill2 which was referred to the ,committee on ,financial ,services1 and in addition to the ,committee on ,rules1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to delay the implementation of certain provisions of the ,biggert-,waters ,flood ,insurance ,reform ,act of #bjab1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,keeping ,flood ,insurance ,affordable ,act of #bjac4 #b4 ,definitions ,as used in this ,act1 the following definitions shall apply3 7#a7 ,adjusted base flood elevation ,for purposes of rating a floodproofed covered structure1 the term adjusted base flood elevation means the base flood elevation for a covered structure on the applicable effective flood insurance rate map1 plus #a foot4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,emergency ,management ,agency4 7#c7 ,affordability authority bill ,the term affordability authority bill means a non-amendable bill that if enacted would only grant the ,administrator the authority necessary to promulgate regulations in accordance with the criteria set forth in section #c7;d77#b74 7#d7 ,affordability study ,the term affordability study means the study required under section #ajjbcf of the ,biggert-,waters ,flood ,insurance ,reform ,act of #bjab 7,public ,law #aab-ada2 #abf ,stat4 #ieg74 7#e7 ,applicable flood plain management measures ,the term applicable flood plain management measures means flood plain management measures adopted by a community under section #fj4c7;c7 of title #dd1 ,code of ,federal ,regulations4 7#f7 ,covered structure ,the term covered structure means a residential structure-- 7,a7 that is located in a community that has adopted flood plain management measures that are approved by the ,federal ,emergency ,management ,agency and that satisfy the requirements for an exception for floodproofed residential basements under section #fj4f7;c7 of title #dd1 ,code of ,federal ,regulations2 and 7,b7 that was built in compliance with the applicable flood plain management measures4 7#g7 ,draft affordability framework ,the term draft affordability framework means the draft programmatic and regulatory framework required to be prepared by the ,administrator and submitted to ,congress under section #c7;d7 addressing the issues of affordability of flood insurance sold under the ,national ,flood ,insurance ,program1 including issues identified in the affordability study4 7#h7 ,floodproofed elevation ,the term floodproofed elevation means the height of floodproofing on a covered structure1 as identified on the ,residential ,basement ,floodproofing ,certificate for the covered structure4 7#i7 ,national ,flood ,insurance ,program ,the term ,national ,flood ,insurance ,program means the program established under the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djja et seq474 #c4 ,delayed implementation of flood insurance rate increases2 draft affordability framework 7a7 ,delayed implementation of flood insurance rate increases 7#a7 ,grandfathered properties ,beginning on the date of enactment of this ,act1 the ,administrator may not increase risk premium rates for flood insurance for any property located in an area subject to the premium adjustment required under section #acjh7;h7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djae7;h774 7#b7 ,pre-firm properties ,beginning on the date of enactment of this ,act1 the ,administrator may not reduce the risk premium rate subsidies for flood insurance for any property-- 7,a7 described under section #acjg7;g77#a7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djad7;g77#a772 or 7,b7 described under #acjg7;g77#c7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djad7;g77#c771 provided that the decision of the policy holder to permit a lapse in flood insurance coverage was as a result of the property no longer being required to retain such coverage4 7#c7 ,certain subsidized rate properties ,beginning on the date of enactment of this ,act1 the ,administrator may not reduce the risk premium rate subsidies for flood insurance for any property-- 7,a7 described under section #acjg7;a77#b77;,a7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djad7;a77#b77;,a77 and the appraised value of which does not exceed #a1jjj1jjj1 except that for any owner of such a non-primary residence this subparagraph shall apply to only one such property2 or 7,b7 described under section #acjg7;a77#b77;,d7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djad7;a77#b77;,d771 except that-- 7i7 any single business may insure only a single property with risk premium rate subsidies provided pursuant to this subparagraph2 and 7ii7 notwithstanding section #acjf7;b7 7#db ,u4,s4,c4 #djac7;b771 in making insurance coverage available for any property with risk premium rate subsidies provided pursuant to this subparagraph1 coverage shall be made available with respect to any single such building up to an aggregate liability of #a1jjj1jjj1 and coverage shall be made available up to a total of #a1jjj1jjj aggregate liability for contents owned by the building owner and #a1jjj1jjj aggregate liability for each unit within the building for contents owned by the tenant4 7#d7 ,expiration ,the prohibitions set forth under paragraphs 7#a71 7#b71 and 7#c7 shall expire #f months after the later of-- 7,a7 the date on which the ,administrator proposes the draft affordability framework2 7,b7 the date on which any regulations proposed pursuant to the authority that the ,administrator is granted in the affordability authority bill1 if such bill is enacted1 become final2 or 7,c7 the date on which the ,administrator certifies in writing to ,congress that the ,federal ,emergency ,management ,agency has implemented a flood mapping approach that utilizes sound scientific and engineering methodologies to determine varying levels of flood risk in all areas participating in the ,national ,flood ,insurance ,program4 7b7 ,property sale trigger ,section #acjg7;g77#b7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djad7;g77#b77 is amended to read as follows3 7#b7 any property purchased after the expiration of the #f-month period set forth under section #c7;a77#c7 of the ,keeping ,flood ,insurance ,affordable ,act of #bjac2 4 7c7 ,treatment of ,pre-,,firm properties ,beginning on the date of enactment of this ,act and ending upon the expiration of the #f-month period set forth under subsection 7a77#c71 the ,administrator shall restore the risk premium rate subsidies for flood insurance estimated under section #acjg7;a77#b7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djad7;a77#b77 for any property described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#b7 of this ,act and in section #acjg7;g77#b7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djad7;g77#b774 7d7 ,draft affordability framework 7#a7 ,in general ,the ,administrator shall prepare a draft affordability framework that proposes to address1 via programmatic and regulatory changes1 the issues of affordability of flood insurance sold under the ,national ,flood ,insurance ,program1 including issues identified in the affordability study4 7#b7 ,criteria ,in carrying out the requirements under paragraph 7#a71 the ,administrator shall consider the following criteria3 7,a7 ,accurate communication to consumers of the flood risk associated with their property4 7,b7 ,targeted assistance to flood insurance policy holders based on their financial ability to continue to participate in the ,national ,flood ,insurance ,program4 7,c7 ,individual or community actions to mitigate the risk of flood or lower the cost of flood insurance4 7,d7 ,the impact of increases in risk premium rates on participation in the ,national ,flood ,insurance ,program4 7,e7 ,the impact flood insurance rate map updates have on the affordability of flood insurance4 7#c7 ,deadline for submission ,not later than #ah months after the date on which the ,administrator submits the affordability study1 the ,administrator shall submit to the full ,committee on ,banking1 ,housing1 and ,urban ,affairs and the full ,committee on ,appropriations of the ,senate and the full ,committee on ,financial ,services and the full ,committee on ,appropriations of the ,house of ,representatives the draft affordability framework4 7e7 ,congressional consideration of ,,fema affordability authorities 7#a7 ,no referral ,upon introduction in either ,house of ,congress1 an affordability authority bill shall not be referred to a committee and shall immediately be placed on the calendar4 7#b7 ,consideration in the ,house of ,representatives 7,a7 ,proceeding to consideration ,it shall be in order to move to proceed to consider the affordability authority bill in the ,house4 ,all points of order against the motion are waived4 ,such a motion shall not be in order after the ,house has disposed of a motion to proceed with respect to the affordability authority bill4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion4 ,the motion shall not be debatable4 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7,b7 ,consideration ,the affordability authority bill shall be considered as read4 ,all points of order against the affordability authority bill and against its consideration are waived4 ,the previous question shall be considered as ordered on the affordability authority bill to its passage without intervening motion except #aj hours of debate equally divided and controlled by the proponent and an opponent4 ,a motion to reconsider the vote on passage of the affordability authority bill shall not be in order4 7#c7 ,consideration in the ,senate 7,a7 ,placement on the calendar ,upon introduction in the ,senate1 an affordability authority bill shall be immediately placed on the calendar4 7,b7 ,floor consideration ,notwithstanding ,rule ,,xxii of the ,standing ,rules of the ,senate1 it is in order1 at any time beginning on the day after the #fth day after the date of introduction of an affordability authority bill 7even if a previous motion to the same effect has been disagreed to7 to move to proceed to the consideration of the affordability authority bill and all points of order against consideration of the affordability authority bill are waived4 ,the motion to proceed is not debatable4 ,the motion is not subject to a motion to postpone4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the affordability authority bill is agreed to1 the affordability authority bill shall remain the unfinished business until disposed of4 7,c7 ,consideration ,all points of order against the affordability authority bill are waived4 ,consideration of the affordability authority bill and of all debatable motions and appeals in connection therewith shall be limited to not more than #aj hours which shall be divided equally between the majority and minority leaders or their designees4 ,a motion further to limit debate on the affordability authority bill is in order1 and is not debatable4 7,d7 ,no amendments ,an amendment to the affordability authority bill1 or a motion to postpone1 or a motion to proceed to the consideration of other business1 or a motion to commit or recommit the affordability authority bill1 is not in order4 7,e7 ,vote on passage ,if the ,senate has voted to proceed to the affordability authority bill1 the vote on passage of the affordability authority bill shall occur immediately following the conclusion of consideration of the affordability authority bill1 and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the ,senate4 7#d7 ,amendment ,the affordability authority bill shall not be subject to amendment in either the ,house of ,representatives or the ,senate4 7#e7 ,consideration by the other ,house 7,a7 ,in general ,if1 before passing the affordability authority bill1 one ,house receives from the other an affordability authority bill-- 7i7 the affordability authority bill of the other ,house shall not be referred to a committee2 and 7ii7 the procedure in the receiving ,house shall be the same as if no affordability authority bill had been received from the other ,house except that the vote on passage shall be on the affordability authority bill of the other ,house4 7,b7 ,revenue measure ,this subsection shall not apply to the ,house of ,representatives if the affordability authority bill received from the ,senate is a revenue measure4 7#f7 ,coordination with action by other house 7,a7 ,treatment of affordability authority bill of other house ,if the ,senate fails to introduce or consider a affordability authority bill under this section1 the affordability authority bill of the ,house shall be entitled to expedited floor procedures under this section4 7,b7 ,treatment of companion measures in the senate ,if following passage of the affordability authority bill in the ,senate1 the ,senate then receives the affordability authority bill from the ,house of ,representatives1 the ,house-passed affordability authority bill shall not be debatable4 7,c7 ,vetoes ,if the ,president vetoes the affordability authority bill1 debate on a veto message in the ,senate under this section shall be #a hour equally divided between the majority and minority leaders or their designees4 7#g7 ,rules of the ,house of ,representatives and ,senate ,this subsection is enacted by ,congress-- 7,a7 as an exercise of the rulemaking power of the ,senate and the ,house of ,representatives1 respectively1 and as such it is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of an affordability authority bill1 and it supersedes other rules only to the extent that it is inconsistent with such rules2 and 7,b7 with full recognition of the constitutional right of either ,house to change its rules at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 7f7 ,interagency agreements ,the ,administrator may enter into an agreement with another ,federal agency to-- 7#a7 complete the affordability study2 or 7#b7 prepare the draft affordability framework4 7g7 ,clear communications ,the ,administrator shall clearly communicate full flood risk determinations to individual property owners regardless of whether their premium rates are full actuarial rates4 7h7 ,rule of construction ,nothing in this section shall be construed to provide the ,administrator with the authority to provide assistance to homeowners based on affordability that was not available prior to the enactment of the ,biggert-,waters ,flood ,insurance ,reform ,act of #bjab 7,public ,law #aab-ada2 #abf ,stat4 #iaf74 #d4 ,affordability study and report ,notwithstanding the deadline under section #ajjbcf7;c7 of the ,biggert-,waters ,flood ,insurance ,reform ,act of #bjab 7,public ,law #aab-ada2 #abf ,stat4 #ieg71 not later than #b years after the date of enactment of this ,act1 the ,administrator shall submit to the full ,committee on ,banking1 ,housing1 and ,urban ,affairs and the full ,committee on ,appropriations of the ,senate and the full ,committee on ,financial ,services and the full ,committee on ,appropriations of the ,house of ,representatives the affordability study and report required under such section4 #e4 ,affordability study funding ,section #ajjbcf7;d7 of the ,biggert-,waters ,flood ,insurance ,reform ,act of #bjab 7,public ,law #aab-ada2 #abf ,stat4 #ieg7 is amended by striking not more than #gej1jjj and inserting such amounts as may be necessary4 #f4 ,funds to reimburse homeowners for successful map appeals 7a7 ,in general ,section #acfc7;f7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #dajd7;f77 is amended by striking the second sentence and inserting the following3 ,the ,administrator may use such amounts from the ,national ,flood ,insurance ,fund established under section #acaj as may be necessary to carry out this subsection44 7b7 ,conforming amendment ,section #acaj7;a7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djag7;a77 is amended-- 7#a7 in paragraph 7#f71 by striking and at the end2 7#b7 in paragraph 7#g71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#h7 for carrying out section #acfc7;f74 4 #g4 ,flood protection systems 7a7 ,adequate progress on construction of flood protection systems ,section #acjg7;e7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djad7;e77 is amended-- 7#a7 in the first sentence1 by inserting or reconstruction after construction2 7#b7 by amending the second sentence to read as follows3 ,the ,administrator shall find that adequate progress on the construction or reconstruction of a flood protection system1 based on the present value of the completed flood protection system1 has been made only if 7#a7 #ajj percent of the cost of the system has been authorized1 7#b7 at least #fj percent of the cost of the system has been appropriated1 7#c7 at least #ej percent of the cost of the system has been expended1 and 7#d7 the system is at least #ej percent completed42 and 7#c7 by adding at the end the following3 ,notwithstanding any other provision of law1 in determining whether a community has made adequate progress on the construction1 reconstruction1 or improvement of a flood protection system1 the ,administrator shall consider all sources of funding1 including ,federal1 ,state1 and local funds44 7b7 ,communities restoring disaccredited flood protection systems ,section #acjg7;f7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djad7;f77 is amended by amending the first sentence to read as follows3 ,notwithstanding any other provision of law1 this subsection shall apply to riverine and coastal levees that are located in a community which has been determined by the ,administrator of the ,federal ,emergency ,management ,agency to be in the process of restoring flood protection afforded by a flood protection system that had been previously accredited on a ,flood ,insurance ,rate ,map as providing #ajj-year frequency flood protection but no longer does so1 and shall apply without regard to the level of ,federal funding of or participation in the construction1 reconstruction1 or improvement of the flood protection system44 #h4 ,treatment of floodproofed residential basements ,notwithstanding the ,biggert-,waters ,flood ,insurance ,reform ,act of #bjab 7,public ,law #aab-ada2 #abf ,stat4 #iaf71 the amendments made by that ,act1 or any other provision of law1 the ,administrator shall rate a covered structure using the elevation difference between the floodproofed elevation of the covered structure and the adjusted base flood elevation of the covered structure4 #i4 ,designation of flood insurance advocate 7a7 ,in general ,the ,administrator shall designate a ,flood ,insurance ,advocate to advocate for the fair treatment of policy holders under the ,national ,flood ,insurance ,program and property owners in the mapping of flood hazards1 the identification of risks from flood1 and the implementation of measures to minimize the risk of flood4 7b7 ,duties and responsibilities ,the duties and responsibilities of the ,flood ,insurance ,advocate designated under subsection 7a7 shall be to-- 7#a7 educate property owners and policyholders under the ,national ,flood ,insurance ,program on-- 7,a7 individual flood risks2 7,b7 flood mitigation2 7,c7 measures to reduce flood insurance rates through effective mitigation2 and 7,d7 the flood insurance rate map review and amendment process2 7#b7 assist policy holders under the ,national ,flood ,insurance ,program and property owners to understand the procedural requirements related to appealing preliminary flood insurance rate maps and implementing measures to mitigate evolving flood risks2 7#c7 assist in the development of regional capacity to respond to individual constituent concerns about flood insurance rate map amendments and revisions2 7#d7 coordinate outreach and education with local officials and community leaders in areas impacted by proposed flood insurance rate map amendments and revisions2 and 7#e7 aid potential policy holders under the ,national ,flood ,insurance ,program in obtaining and verifying accurate and reliable flood insurance rate information when purchasing or renewing a flood insurance policy4 7c7 ,authorization of appropriations ,there are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the duties and responsibilities of the ,flood ,insurance ,advocate4