,,ii #aagth ,,congress #ast ,session ,s4 #cabh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #a1 #bjba,mr4 ,menendez 7for himself1 ,mr4 ,cassidy1 ,mr4 ,booker1 ,mr4 ,kennedy1 ,mr4 ,van ,hollen1 ,mrs4 ,hyde-,smith1 ,mr4 ,rubio1 ,mr4 ,wicker1 and ,mrs4 ,gillibrand7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to reauthorize the ,national ,flood ,insurance ,program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,flood ,insurance ,program ,reauthorization and ,reform ,act of #bjba4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,definitions4,,title ,i--,reauthorization and affordability,sec4 #aja4 ,reauthorization4,sec4 #ajb4 ,cap on annual premium increases4,sec4 #ajc4 ,targeted means-tested assistance4,sec4 #ajd4 ,optional monthly installment premium payment plans4,sec4 #aje4 ,study on business interruption coverage4,sec4 #ajf4 ,cooperative coverage fairness4,sec4 #ajg4 ,coverage limits4,sec4 #ajh4 ,study on participation rates4,sec4 #aji4 ,national ,flood ,insurance ,act definitions regarding the ,write ,your ,own ,program4,,title ,,ii--,mitigation and mapping,sec4 #bja4 ,mitigation for high-risk properties4,sec4 #bjb4 ,increased cost of compliance coverage4,sec4 #bjc4 ,flood mitigation assistance grants4,sec4 #bjd4 ,urban mitigation opportunities4,sec4 #bje4 ,community ,rating ,system ,regional ,coordinator4,sec4 #bjf4 ,mitigation loan program4,sec4 #bjg4 ,revolving loan funds4,sec4 #bjh4 ,mapping modernization4,sec4 #bji4 ,levee-protected areas4,sec4 #baj4 ,community-wide flood mitigation activities4,,title ,,iii--,solvency,sec4 #cja4 ,forbearance on ,,nfip interest payments4,sec4 #cjb4 ,cap on ,write ,your ,own company compensation4,sec4 #cjc4 ,third-party service provider costs2 transparency4,sec4 #cjd4 ,availability of ,,nfip claims data4,sec4 #cje4 ,refusal of mitigation assistance4,sec4 #cjf4 ,multiple structure mitigation4,,title ,,iv--,policyholder protection and fairness,sec4 #dja4 ,earth movement fix and engineer standards4,sec4 #djb4 ,coverage of pre-,,firm condominium basements and study on street raising4,sec4 #djc4 ,guidance on remediation and policyholder duties4,sec4 #djd4 ,appeal of decisions relating to flood insurance coverage4,sec4 #dje4 ,accountability for underpayments and overpayments by ,write ,your ,own companies4,sec4 #djf4 ,policyholders' right to know4,sec4 #djg4 ,exclusion of service providers from participation in the ,national ,flood ,insurance ,program4,sec4 #djh4 ,deadline for claim processing4,sec4 #dji4 ,no manipulation of engineer reports4,sec4 #daj4 ,improved training of floodplain managers1 agents1 and adjusters4,sec4 #daa4 ,flood insurance continuing education and training4,sec4 #dab4 ,shifting of attorney fees and other expenses4,sec4 #dac4 ,restriction on defense of claims litigation4,sec4 #dad4 ,reforming use of proof of loss forms4,sec4 #dae4 ,agent ,advisory ,council4,sec4 #daf4 ,disclosure of flood risk information prior to transfer of property4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,emergency ,management ,agency4 7#b7 ,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 7#c7 ,national ,flood ,mitigation ,fund ,the term ,national ,flood ,mitigation ,fund means the fund established under section #acfg of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #dajd;d74 7#d7 ,write ,your ,own ,company ,the term ,write ,your ,own ,company has the meaning given the term in section #acgj7;a7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #daba7;a771 as amended by section #aji of this ,act4 ,i ,reauthorization and affordability #aja4 ,reauthorization 7a7 ,in general 7#a7 ,financing ,section #acji7;a7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djaf7;a77 is amended by striking ,september #cj1 #bjba and inserting ,september #cj1 #bjbf4 7#b7 ,program expiration ,section #acai of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djbf7 is amended by striking ,september #cj1 #bjba and inserting ,september #cj1 #bjbf4 7#c7 ,retroactive effective date ,if this ,act is enacted after ,december #c1 #bjba1 the amendments made by paragraphs 7#a7 and 7#b7 shall take effect as if enacted on ,december #c1 #bjba4 7b7 ,continued operation during lapse of appropriations ,section #acaj7;f7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djag7;f77 is amended-- 7#a7 by inserting 7#a7 after 7f72 and 7#b7 by adding at the end the following3 7#b7 7,a7 ,in this paragraph1 the term period of a lapse in appropriations from the ,fund means a period1 on or after the first day of a fiscal year1 during which an appropriation ,act for the fiscal year with respect to the ,fund has not been enacted and continuing appropriations are not in effect for the fiscal year with respect to the ,fund4 7,b7 ,notwithstanding paragraph 7#a71 during a period of a lapse in appropriations from the ,fund1 amounts in the ,fund not otherwise appropriated shall be available to the ,administrator to carry out the flood insurance program under this title1 subject to the same terms and conditions 7except with respect to the period of availability71 and in an amount not greater than the rate for operations1 provided for the ,fund in the most recently enacted regular or continuing appropriation ,act4 7,c7 ,amounts in the ,fund shall be available under subparagraph 7,b7 for a fiscal year during the period beginning on the first day of a period of a lapse in appropriations from the ,fund during the fiscal year and ending on the date on which the regular appropriation ,act for the fiscal year with respect to the ,fund is enacted 7whether or not such law makes amounts available from the ,fund7 or a law making continuing appropriations with respect to the ,fund is enacted1 as the case may be4 7,d7 ,expenditures and obligations made under this paragraph shall be charged to the ,fund whenever a regular appropriation ,act1 or a law making continuing appropriations1 with respect to the ,fund is enacted for the applicable fiscal year4 4 #ajb4 ,cap on annual premium increases 7a7 ,definition ,in this section1 the term covered cost-- 7#a7 means-- 7,a7 the amount of an annual premium with respect to any policy for flood insurance under the ,national ,flood ,insurance ,program2 7,b7 any surcharge imposed with respect to a policy described in subparagraph 7,a7 7other than a surcharge imposed under section #acjd7;b7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djaa7;b7771 including a surcharge imposed under section #acjh;,a7a7 of that ,act 7#db ,u4,s4,c4 #djae;a7a772 and 7,c7 a fee described in paragraph 7#a77;,b77iii7 or 7#b7 of section #acjg7;a7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djad7;a772 and 7#b7 does not include any cost associated with the purchase of insurance under section #acjd7;b7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djaa7;b771 including any surcharge that relates to insurance purchased under such section #acjd7;b74 7b7 ,limitation on increases 7#a7 ,limitation 7,a7 ,in general ,during the #e-year period beginning on the date of enactment of this ,act1 notwithstanding section #acjh7;e7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djae7;e771 and subject to subparagraph 7,b71 the ,administrator may not1 in any year1 increase the amount of any covered cost by an amount that is more than #i percent1 as compared with the amount of the covered cost during the previous year1 except where the increase in the covered cost relates to an exception under paragraph 7#a77;,c77iii7 of such section #acjh7;e74 7,b7 ,decrease of amount of deductible or increase in amount of coverage ,in the case of a policyholder described in section #acjh7;e77#a77;,c77ii7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djae7;e77#a77;,c77ii771 the ,administrator shall establish a process by which the ,administrator determines an increase in covered costs for the policyholder that is-- 7i7 proportional to the relative change in risk based on the action taken by the policyholder2 and 7ii7 in compliance with subparagraph 7,a74 7#b7 ,new rating systems 7,a7 ,classification ,with respect to a property1 the limitation under paragraph 7#a7 shall remain in effect for each year until the covered costs with respect to the property reflect full actuarial rates1 without regard to whether1 at any time until the year in which those covered costs reflect full actuarial rates1 the property is rated or classified under the ,risk ,rating #b4j methodology 7or any substantially similar methodology74 7,b7 ,new policyholder ,if a property to which the limitation under paragraph 7#a7 applies is sold before the covered costs for the property reflect full actuarial rates determined under the ,risk ,rating #b4j methodology 7or any substantially similar methodology71 that limitation shall remain in effect for each year until the year in which those full actuarial rates takes effect4 7c7 ,rule of construction ,nothing in subsection 7b7 may be construed as prohibiting the ,administrator from reducing1 in any year1 the amount of any covered cost1 as compared with the amount of the covered cost during the previous year4 7d7 ,average historical loss year ,section #acjh of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djae7 is amended by striking subsection 7h7 and inserting the following3 7h7 ,rule of construction ,for purposes of this section1 the calculation of an average historical loss year shall be computed in accordance with generally accepted actuarial principles4 4 7e7 ,disclosure with respect to the affordability standard ,section #acjh7;j7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djae7;j77 is amended1 in the second sentence1 by inserting and shall include in the report the number of those exceptions as of the date on which the ,administrator submits the report and the location of each policyholder insured under those exceptions1 organized by county and ,state after of the ,senate4 #ajc4 ,targeted means-tested assistance 7a7 ,means-,tested program 7#a7 ,in general ,chapter ,i of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djaa et seq47 is amended by inserting after section #acjh;,a 7#db ,u4,s4,c4 #djae;a7 the following3 #acjh;,b4 ,flood insurance assistance 7a7 ,definitions ,in this section3 7#a7 ,covered property ,the term covered property means-- 7,a7 a primary residential dwelling designed for the occupancy of from #a to #d families2 or 7,b7 personal property relating to a dwelling described in subparagraph 7,a74 7#b7 ,eligible policyholder ,the term eligible policyholder means a policyholder with a household income that is not more than #abj percent of the area median income for the area in which the property to which the policy applies is located4 7#c7 ,housing expenses ,the term housing expenses means1 with respect to a household1 the total amount that the household spends in a year on-- 7,a7 mortgage payments or rent2 7,b7 property taxes2 7,c7 homeowners insurance2 and 7,d7 premiums for flood insurance under the national flood insurance program4 7#d7 ,insurance costs ,the term insurance costs means1 with respect to a covered property for a year-- 7,a7 risk premiums and fees estimated under section #acjg and charged under section #acjh2 7,b7 surcharges assessed under sections #acjd and #acjh;,a2 and 7,c7 any amount established under section #acaj;,a7c74 7b7 ,authority ,subject to the availability of appropriations1 the ,administrator is authorized to carry out a means-tested program under which the ,administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties4 7c7 ,eligibility ,to determine eligibility for means-tested assistance under this section1 the ,administrator may accept any of the following with respect to an eligible policyholder3 7#a7 ,income verification from the ,national ,directory of ,new ,hires established under section #dec7;i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fec7;i774 7#b7 ,a self-certification of eligibility by the eligible policyholder that is provided under penalty of perjury pursuant to section #agdf of title #bh1 ,united ,states ,code4 7#c7 ,any other method identified by the ,administrator in interim guidance1 or a final rule1 issued under subsection 7e74 7d7 ,discount ,the ,administrator may establish graduated discounts available to eligible policyholders under this section1 which shall be based on the following factors3 7#a7 ,the percentage by which the household income of an eligible policyholder is equal to1 or less than1 #abj percent of the area median income for the area in which the property to which the policy applies is located4 7#b7 ,the housing expenses of an eligible policyholder4 7#c7 ,the number of eligible policyholders participating in the program established under this section4 7#d7 ,the availability of funding4 7#e7 ,any other factor that the ,administrator finds reasonable and necessary to carry out the purposes of this section4 7e7 ,implementation 7#a7 ,in general ,the ,administrator shall issue final rules to implement this section4 7#b7 ,interim guidance 7,a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,administrator shall issue interim guidance to implement this section1 which shall-- 7i7 include-- 7,i7 a description of how the ,administrator will determine-- 7aa7 eligibility for households to participate in the program established under this section2 and 7bb7 assistance levels for eligible households to which assistance is provided under this section2 7,,ii7 the methodology that the ,administrator will use to determine the amount of assistance provided to eligible households under this section2 and 7,,iii7 any requirements to which eligible policyholders to which assistance is provided under this section will be subject2 and 7ii7 expire on the later of-- 7,i7 the date that is #hd months after the date of enactment of this section2 or 7,,ii7 the date on which the final rules issued under paragraph 7#a7 take effect4 7,b7 ,rule of construction ,nothing in subparagraph 7,a7 may be construed to preclude the ,administrator from amending the interim guidance issued under that subparagraph4 7f7 ,collection of demographic information ,the ,administrator1 in order to evaluate and monitor the effectiveness of this section1 and to comply with the reporting requirements under subsection 7g71 may request demographic information1 and other information1 with respect to an eligible policyholder to which assistance is provided under this section1 which may include-- 7#a7 the income of the eligible policyholder1 as compared with the area median income for the area in which the property to which the policy applies is located2 and 7#b7 demographic characteristics of the eligible policyholder1 including the race and ethnicity of the eligible policyholder4 7g7 ,reports to ,congress 7#a7 ,in general ,not later than #b years after the date of enactment of this section1 and biennially thereafter1 the ,administrator shall submit to ,congress a report regarding the implementation and effectiveness of this section4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include information regarding1 for the period covered by the report-- 7,a7 the distribution of household area median income for eligible policyholders to which assistance is provided under this section2 7,b7 the number of eligible policyholders to which assistance is provided under this section1 which shall be disaggregated by income and demographic characteristics2 7,c7 the cost of providing assistance under this section2 and 7,d7 the average amount of assistance provided to an eligible policyholder under this section1 which shall be disaggregated as described in subparagraph 7,b74 7h7 ,risk communication ,for the purposes of the communication required under section #acjh7l71 the ,administrator shall provide to an eligible policyholder to which assistance is provided under this section a full flood risk determination with respect to the property of the eligible policyholder1 which shall reflect the insurance costs with respect to the property before that assistance is provided4 7i7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this section-- 7,a7 #bej1jjj1jjj for fiscal year #bjbb2 7,b7 #cdj1jjj1jjj for fiscal year #bjbc2 7,c7 #djj1jjj1jjj for fiscal year #bjbd2 7,d7 #ejj1jjj1jjj for fiscal year #bjbe2 and 7,e7 #fjj1jjj1jjj for fiscal year #bjbf4 7#b7 ,notification ,if1 in a fiscal year1 the ,administrator determines that the amount made available to carry out this section is insufficient to provide assistance under this section1 the ,administrator shall submit to ,congress a notification of the remaining amounts necessary to provide that assistance for that fiscal year4 7#c7 ,distribution of premium ,with respect to the amount of the discounts provided under this section in a fiscal year1 and any administrative expenses incurred in carrying out this section for that fiscal year1 the ,administrator shall1 from amounts made available to carry out this section for that fiscal year1 deposit in the ,national ,flood ,insurance ,fund established under section #acaj an amount equal to those discounts and administrative expenses1 except to the extent that section #acaj;,a applies to any portion of those discounts or administrative expenses1 in which case the ,administrator shall deposit an amount equal to those amounts to which section #acaj;,a applies in the ,national ,flood ,insurance ,reserve ,fund established under section #acaj;,a4 4 7#b7 ,use of savings ,in addition to any amounts made available to the ,administrator to carry out section #acjh;,b of the ,national ,flood ,insurance ,act of #aifh1 as added by paragraph 7#a71 the ,administrator shall use any amounts saved as a direct result of the amendments made by section #cjb7;a7 of this ,act to carry out such section #acjh;,b4 7b7 ,national ,flood ,insurance ,act of #aifh ,the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djja et seq47 is amended-- 7#a7 in section #acjh7;e7 7#db ,u4,s4,c4 #djae7;e77-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b71 by striking or at the end2 7ii7 in subparagraph 7,c77iii71 by adding or at the end2 and 7iii7 by adding at the end the following3 7,d7 in the case of a property with respect to which assistance is provided under section #acjh;,b1 if-- 7i7 the applicable policyholder is no longer eligible to receive assistance under that section2 7ii7 the assistance so provided has been decreased under that section2 or 7iii7 the ,administrator is not authorized1 or lacks appropriated funds1 to carry out that section2 2 and 7,b7 in paragraph 7#c71 by striking period2 and and inserting the following3 period1 except in the case of a property with respect to which assistance is provided under section #acjh;,b if a condition described in clause 7i71 7ii71 or 7iii7 of paragraph 7#a77;,d7 is applicable2 and2 and 7#b7 in section #acff7;d7 7#db ,u4,s4,c4 #dajd;c7d77-- 7,a7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,flood insurance assistance ,in the case of mitigation activities to structures insured by policyholders that are eligible for assistance under section #acjh;,b1 in an amount up to #ajj percent of all eligible costs4 4 7c7 ,information comparisons with the national directory of new hires for flood insurance assistance income verification ,section #dec7;j7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fec7;j77 is amended by adding at the end the following new paragraph3 7#ab7 ,information comparisons for flood insurance assistance 7,a7 ,furnishing of information by fema ,the ,administrator of the ,federal ,emergency ,management ,agency 7in this paragraph1 referred to as the ,administrator7 shall furnish to the ,secretary1 on such periodic basis as determined by the ,administrator in consultation with the ,secretary1 information in the custody of the ,administrator for comparison with information in the ,national ,directory of ,new ,hires1 in order to obtain information in such ,directory with respect to individuals who are applying for1 or receiving benefits under1 section #acjh;,b of the ,national ,flood ,insurance ,act of #aifh4 7,b7 ,requirement to seek minimum information ,the ,administrator shall seek information pursuant to this paragraph only to the extent necessary to verify the employment and income of individuals described in subparagraph 7,a74 7,c7 ,duties of the secretary 7i7 ,information disclosure ,the ,secretary1 in cooperation with the ,administrator1 shall compare information in the ,national ,directory of ,new ,hires with information provided by the ,administrator with respect to individuals described in subparagraph 7,a71 and shall disclose information in such ,directory regarding such individuals to the ,administrator1 in accordance with this paragraph1 for the purposes specified in this paragraph4 7ii7 ,condition on disclosure ,the ,secretary shall make disclosures in accordance with clause 7i7 only to the extent that the ,secretary determines that such disclosures do not interfere with the effective operation of the program under this part4 7,d7 ,use of information by fema ,the ,administrator may use information resulting from a data match pursuant to this paragraph only-- 7i7 for the purpose of verifying the employment and income of individuals described in subparagraph 7,a72 and 7ii7 after removal of personal identifiers1 to conduct analyses of the employment and income reporting of individuals described in subparagraph 7,a74 7,e7 ,disclosure of information by fema 7i7 ,purpose of disclosure ,the ,administrator may make a disclosure under this subparagraph only for the purpose of verifying the employment and income of individuals described in subparagraph 7,a74 7ii7 ,disclosures permitted ,subject to clause 7iii71 the ,administrator may disclose information resulting from a data match pursuant to this paragraph only to contractors of the ,federal ,emergency ,management ,agency1 private insurance companies participating in the ,write ,your ,own ,program of the ,federal ,emergency ,management ,agency1 the ,inspector ,general of the ,department of ,homeland ,security1 and the ,attorney ,general1 in connection with the administration of a program described in subparagraph 7,a74 ,information obtained by the ,administrator pursuant to this paragraph shall not be made available under section #eeb of title #e1 ,united ,states ,code4 7iii7 ,conditions on disclosure ,disclosures under this paragraph shall be-- 7,i7 made in accordance with data security and control policies established by the ,administrator and approved by the ,secretary2 7,,ii7 subject to audit in a manner satisfactory to the ,secretary2 and 7,,iii7 subject to the sanctions under subsection 7l77#b74 7iv7 ,restrictions on redisclosure ,a person or entity to which information is disclosed under this subparagraph may use or disclose such information only as needed for verifying the employment and income of individuals described in subparagraph 7,a71 subject to the conditions in clause 7iii7 and such additional conditions as agreed to by the ,secretary and the ,administrator4 7,f7 ,reimbursement of ,,hhs costs ,the ,administrator shall reimburse the ,secretary1 in accordance with subsection 7k77#c71 for the costs incurred by the ,secretary in furnishing the information requested under this paragraph4 7,g7 ,consent ,the ,administrator shall not seek1 use1 or disclose information under this paragraph relating to an individual without the prior written consent of such individual 7or of a person legally authorized to consent on behalf of such individual74 4 #ajd4 ,optional monthly installment premium payment plans ,section #acjh7;g7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djae7;g77 is amended-- 7#a7 by striking ,with respect to and inserting the following3 7#a7 ,annual or monthly option ,subject to paragraph 7#b71 with respect to 2 and 7#b7 by adding at the end the following3 7#b7 ,monthly installment ,with respect to a policyholder that opts under paragraph 7#a7 to pay premiums on a monthly basis1 the ,administrator may charge the policyholder an annual fee of not more than #ae4 7#c7 ,exemption from rule making2 pilot program ,during the period beginning on the date of enactment of this paragraph and ending on the date on which the ,administrator promulgates regulations carrying out paragraph 7#a71 the ,administrator may1 notwithstanding any other provision of law-- 7,a7 adopt policies and procedures to carry out that paragraph without-- 7i7 undergoing notice and comment rule making under section #eec of title #e1 ,united ,states ,code2 or 7ii7 conducting regulatory analyses otherwise required by statute1 regulation1 or ,executive order2 or 7,b7 carry out that paragraph by establishing a pilot program that gradually implements the requirements of that paragraph4 4 #aje4 ,study on business interruption coverage 7a7 ,in general ,the ,administrator shall conduct a study on the feasibility and soundness of offering coverage for interruption business losses caused by a flood under the ,national ,flood ,insurance ,program 7referred to in this section as business interruption coverage74 7b7 ,contents ,in conducting the study under subsection 7a71 the ,administrator shall1 at a minimum-- 7#a7 evaluate insurance industry best practices for offering business interruption coverage1 including the types of coverage provided and the utilization rate2 7#b7 estimate the potential risk premium rates for business interruption coverage based on the flood risk reflected in the flood insurance rate map or other risk metrics in effect at the time of purchase2 7#c7 analyze the operational and administrative expenses associated with providing business interruption coverage and adjusting claims2 7#d7 identify potential obstacles that may prevent the ,administrator from offering business interruption coverage2 7#e7 evaluate the benefits of providing business interruption coverage2 7#f7 analyze any potential impacts on the financial position of the ,national ,flood ,insurance ,program2 and 7#g7 develop a feasibility implementation plan and projected timelines for offering business interruption coverage4 7c7 ,availability of experts ,in conducting the study under subsection 7a71 the ,administrator may accept and utilize the personnel and services of any other ,federal agency1 and appoint and fix the compensation of temporary personnel without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 or employ experts and consultants in accordance with the provisions of section #caji of such title1 without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates4 7d7 ,deadline ,the ,administrator shall complete the study required under subsection 7a7 not later than ,september #cj of the second full fiscal year after the date of enactment of this ,act4 #ajf4 ,cooperative coverage fairness 7a7 ,in general ,section #acjf of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djac7 is amended by adding at the end the following3 7e7 ,cooperatives 7#a7 ,definition ,in this subsection1 the term cooperative building has the meaning given the term in section #acab7;d74 7#b7 ,equal treatment with condominiums ,notwithstanding any other provision of law1 an owner of a share of a cooperative building shall be eligible to purchase flood insurance coverage under the national flood insurance program on the same terms as a condominium owner4 4 7b7 ,payment of claims ,section #acab of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djai7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in the subsection heading1 by inserting and cooperative after condominium2 7,b7 by inserting or owners of a share of a cooperative building after condominium owners2 and 7,c7 by inserting or cooperative association after condominium association each place that term appears2 and 7#b7 by adding at the end the following3 7d7 ,definitions ,in this section1 the terms cooperative association and cooperative building have the meanings given the terms by the ,administrator4 4 #ajg4 ,coverage limits 7a7 ,in general ,section #acjf of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djac71 as amended by section #ajf7;a71 is amended-- 7#a7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,in addition to any other terms and conditions under subsection 7a71 such regulations and inserting ,the ,administrator2 7,b7 in paragraph 7#b7-- 7i7 by striking shall be made and inserting may be made2 and 7ii7 by striking #bej1jjj and inserting the baseline amount2 7,c7 in paragraph 7#c7-- 7i7 by striking shall be made and inserting may be made2 and 7ii7 by striking #ajj1jjj and inserting #ej percent of the baseline amount2 and 7,d7 in paragraph 7#d7-- 7i7 by striking shall be made each place that term appears and inserting may be made2 and 7ii7 by striking #ejj1jjj each place that term appears and inserting #bjj percent of the baseline amount2 and 7#b7 by adding at the end the following3 7f7 ,definition ,subject to paragraph 7#b71 in this section1 the term baseline amount means an amount determined by the ,administrator that is equal to the maximum original principal obligation of a conventional mortgage secured by a single-family residence that may be purchased by the ,federal ,national ,mortgage ,association1 as established under the seventh sentence of section #cjb7;b77#b7 of the ,federal ,national ,mortgage ,association ,charter ,act 7#ab ,u4,s4,c4 #agag7;b77#b771 which the ,administrator may not-- 7#a7 increase more than once every #e years2 7#b7 increase with respect to any particular property pursuant to the #aath or #abth sentence of such section #cjb7;b77#b72 or 7#c7 decrease4 4 7b7 ,authority of ,administrator ,to sell policies ,the ,administrator may sell a policy for flood insurance under the ,national ,flood ,insurance ,program that meets the requirements of paragraphs 7#b71 7#c71 and 7#d7 of section #acjf7;b7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djac7;b771 as amended by subsection 7a71 without regard to-- 7#a7 section #fa4f of title #dd1 ,code of ,federal ,regulations1 as in effect on the day before the date of enactment of this ,act2 or 7#b7 any other provision of law4 #ajh4 ,study on participation rates 7a7 ,definitions ,in this section-- 7#a7 the term #ejj-year floodplain has the meaning given the term in section #ajjbjb7;a7 of the ,biggert-,waters ,flood ,insurance ,reform ,act of #bjab 7#dj ,u4,s4,c4 #djjd7;a772 7#b7 the terms ,federal agency lender1 improved real estate1 and regulated lending institution have the meanings given those terms in section #c7;a7 of the ,flood ,disaster ,protection ,act of #aigc 7#db ,u4,s4,c4 #djjc7;a772 and 7#c7 the term property with a ,federally backed mortgage means improved real estate or a mobile home securing a loan that was-- 7,a7 made by a regulated lending institution or ,federal agency lender2 or 7,b7 purchased by the ,federal ,national ,mortgage ,association or the ,federal ,home ,loan ,mortgage ,corporation4 7b7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study that proposes to address1 through programmatic and regulatory changes1 how to increase the rate at which properties in the ,united ,states are covered by flood insurance4 7c7 ,considerations ,in conducting the study required under subsection 7b71 the ,comptroller ,general of the ,united ,states shall-- 7#a7 consider-- 7,a7 expanding participation in the ,national ,flood ,insurance ,program beyond areas having special flood hazards to areas of moderate or minimum risk with respect to flooding2 7,b7 automatically enrolling consumers in the ,national ,flood ,insurance ,program and providing those consumers with the opportunity to decline such enrollment2 and 7,c7 bundling flood insurance coverage that diversifies risk across all or multiple forms of peril2 and 7#b7 determine-- 7,a7 the percentage of properties with ,federally backed mortgages located in an area having special flood hazards that are covered by flood insurance that satisfies the requirement under section #ajb7;b7 of the ,flood ,disaster ,protection ,act of #aigc 7#db ,u4,s4,c4 #djab;a7b772 and 7,b7 the percentage of properties with ,federally backed mortgages located in the #ejj-year floodplain that are covered by flood insurance that would satisfy the requirement described in subparagraph 7,a7 if that requirement applied to such properties4 7d7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,financial ,services of the ,house of ,representatives a report regarding the results of the study conducted under subsection 7b74 #aji4 ,national ,flood ,insurance ,act definitions regarding the ,write ,your ,own program ,section #acgj7;a7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #daba7;a77 is amended-- 7#a7 in paragraph 7#ad71 by striking and at the end2 7#b7 in paragraph 7#ae71 by striking the period at the end2 and 7#c7 by adding at the end the following3 7#af7 the term ,write ,your ,own ,program means the program under which the ,federal ,emergency ,management ,agency enters into a standard arrangement with private property insurance companies to-- 7,a7 sell contracts for ,federal flood insurance under their own business lines of insurance2 and 7,b7 adjust and pay claims arising under the contracts described in subparagraph 7,a72 and 7#ag7 the term ,write ,your ,own ,company means a private property insurance company that participates in the ,write ,your ,own ,program4 4 ,,ii ,mitigation and mapping #bja4 ,mitigation for high-risk properties 7a7 ,in general ,section #bjc of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc7 is amended by adding at the end the following3 7n7 ,flood mitigation activities ,the ,president shall set aside from the ,disaster ,relief ,fund an amount equal to #aj percent of the average amount appropriated to the ,fund during the preceding #aj fiscal years to provide assistance for mitigation activities under section #acff of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #dajd;c7 for-- 7#a7 severe repetitive loss structures2 and 7#b7 properties insured under the national flood insurance program with the largest increase in the actuarial risk for the property compared to the actuarial risk for the previous fiscal year as a result of ,risk ,rating #b4j1 as in effect on ,october #a1 #bjba4 4 7b7 ,applicability ,the amendment made to section #bjc of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc7 by subsection 7a7 shall apply to funds appropriated on or after the date of enactment of this ,act4 7c7 ,technical and conforming amendment ,effective on ,october #e1 #bjbc1 section #bjc of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc7 is amended by redesignating subsection 7n71 as added by subsection 7a7 of this section1 as subsection 7m74 #bjb4 ,increased cost of compliance coverage ,section #acjd7;b7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djaa7;b77 is amended-- 7#a7 in paragraph 7#d71 by redesignating subparagraphs 7,a7 through 7,d7 as clauses 7i7 through 7iv71 respectively1 and adjusting the margins accordingly2 7#b7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively1 and adjusting the margins accordingly2 7#c7 in subparagraph 7,c71 as so redesignated1 by striking the period at the end and inserting a semicolon2 7#d7 by redesignating paragraph 7#d7 as subparagraph 7,f71 and adjusting the margins accordingly2 7#e7 by inserting after subparagraph 7,c71 as so redesignated1 the following3 7,d7 properties identified by the ,administrator as priorities for mitigation activities before the occurrence of damage to or loss of property which is covered by flood insurance2 7,e7 properties outside an area having special flood hazards if the communities in which the properties are located have1 under section #acfa1 established land use and control measures for the areas in which the properties are located2 and 2 7#f7 by inserting before ,the national flood insurance program the following3 7#a7 ,in general4--2 7#g7 in the flush text following subparagraph 7,f77iv71 as so redesignated1 by striking ,the ,administrator and inserting the following3 7#b7 ,premium ,the ,administrator 2 and 7#h7 by adding at the end the following3 7#c7 ,amount of coverage ,each policy for flood insurance coverage made available under this title shall provide coverage under this subsection having an aggregate liability for any single property of #fj1jjj4 7#d7 ,eligible mitigation activities 7,a7 ,in general ,eligible mitigation methods the cost of which is covered by coverage provided under this subsection shall include-- 7i7 alternative methods of mitigation identified in the guidelines issued pursuant to section #acfa7;d72 7ii7 pre-disaster mitigation projects for eligible structures2 and 7iii7 costs associated with the purchase1 clearing1 and stabilization of property that is part of an acquisition or relocation project that complies with subparagraph 7,b74 7,b7 ,acquisition and relocation project eligibility and requirements 7i7 ,in general ,an acquisition or relocation project shall be eligible to receive assistance pursuant to subparagraph 7,a77iii7 only if-- 7,i7 any property acquired1 accepted1 or from which a structure will be removed shall be dedicated and maintained in perpetuity for a use that is compatible with open space1 recreational1 or wetland and natural floodplain management practices2 and 7,,ii7 any new structure erected on such property will be-- 7aa7 a public facility that is open on all sides and functionally related to a designated open space2 7bb7 a restroom2 or 7cc7 a structure that the ,administrator approves in writing before the commencement of the construction of the structure4 7ii7 ,further assistance ,if an acquisition or relocation project is assisted pursuant to subparagraph 7,a77iii7-- 7,i7 no person may apply to a ,federal entity for disaster assistance with regard to any property acquired1 accepted1 or from which a structure was removed as part of such acquisition or relocation project2 and 7,,ii7 no ,federal entity may provide disaster assistance for such property4 7iii7 ,requirement to maintain flood insurance coverage 7,i7 ,in general ,notwithstanding any other provision of law1 any assisted structure shall1 at all times1 maintain insurance against flood damage1 in accordance with ,federal law1 for the life of such structure4 7,,ii7 ,transfer of property 7aa7 ,duty to notify ,if any part of a property on which an assisted structure is located is transferred1 the transferor shall1 not later than the date on which such transfer occurs1 notify the transferee in writing1 including in all documents evidencing the transfer of ownership of the property1 that such transferee is required to-- 7,,aa7 obtain flood insurance in accordance with applicable ,federal law with respect to such assisted structure1 if such structure is not so insured on the date on which the structure is transferred2 and 7,,bb7 maintain flood insurance in accordance with applicable ,federal law with respect to such structure4 7bb7 ,failure to notify ,if a transferor fails to make a notification in accordance with item 7aa7 and such assisted structure is damaged by a flood disaster1 the transferor shall pay the ,federal ,government an amount equal to the amount of any disaster relief provided by the ,federal ,government with respect to such assisted structure4 7,,iii7 ,assisted structure defined ,for the purposes of this clause1 the term assisted structure means a structure on property that is part of an acquisition or relocation project assisted pursuant to subparagraph 7,a7 that was1 as part of such acquisition or relocation project-- 7aa7 altered2 7bb7 improved2 7cc7 replaced2 7dd7 repaired2 or 7ee7 restored4 7,c7 ,eligible structure defined ,for purposes of this paragraph1 the term eligible structure means any structure that-- 7i7 was constructed in compliance with the ,flood ,insurance ,rate ,map and local building and zoning codes in effect on the date of construction of the structure2 and 7ii7 has not previously been altered1 improved1 replaced1 or repaired using assistance provided under this subsection4 7#e7 ,treatment of coverage limits ,any amount of coverage provided for a property pursuant to this subsection shall not be considered or counted for purposes of any limitation on coverage applicable to such property under section #acjf7;b7 and any claim on such coverage shall not be considered a claim for purposes of section #acjg7;h7 or subsection 7a77#c7 or 7h77#c7 of section #acff4 7#f7 ,implementation ,notwithstanding any other provision of law1 the ,administrator may implement this subsection by adopting #a or more standard endorsements to the ,standard ,flood ,insurance ,policy by publication of such standards in the ,federal ,register1 or by comparable means4 4 #bjc4 ,flood mitigation assistance grants 7a7 ,flood ,mitigation ,assistance ,grant ,program priority ,section #acff of the ,national ,flood ,insurance ,act 7#db ,u4,s4,c4 #dajd;c7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#a71 7#b71 and 7#c7 as subparagraphs 7,a71 7,b71 and 7,c71 respectively1 and adjusting the margins accordingly2 7,b7 in the second sentence of the matter preceding subparagraph 7,a71 as so redesignated1 by striking assistance shall be and inserting the following3 assistance shall-- 7#a7 be 2 7,c7 in paragraph 7#a77;,c71 as so redesignated1 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7#b7 in addition to the requirement under paragraph 7#a77;,c71 give priority to properties-- 7,a7 that are repetitive loss structures2 7,b7 with respect to which the ,administrator makes a determination that the premium rates with respect to a policy for flood insurance coverage under this title-- 7i7 are unaffordable2 or 7ii7 will soon become unaffordable as a result of a risk adjustment under ,risk ,rating #b4j1 as in effect on the date of that determination2 and 7,c7 for which aggregate losses exceed the replacement value of the properties4 2 and 7#b7 in subsection 7h71 by adding at the end the following3 7#d7 ,unaffordable ,the term unaffordable means1 with respect to the premium rates for a policy for flood insurance coverage under this title1 that1 in a year1 those rates are in such an amount that the housing expenses 7as defined in section #acjh;,b7a77 of the household that is the subject of the policy are1 for that year1 more than #cj percent of the adjusted gross income 7as defined in section #fb of the ,internal ,revenue ,code of #aihf74 4 7b7 ,additional mitigation assistance 7#a7 ,appropriations from general fund of ,treasury ,for each of the first #e full fiscal years after the date of enactment of this ,act1 there is authorized to be appropriated #a1jjj1jjj1jjj to the ,national ,flood ,mitigation ,fund to provide mitigation assistance under this subsection4 7#b7 ,rule of construction ,the authorization of appropriations under subparagraph 7,a7 shall not be construed to authorize the transfer or crediting to the ,national ,flood ,mitigation ,fund of any amounts from the ,national ,flood ,insurance ,fund4 #bjd4 ,urban mitigation opportunities 7a7 ,mitigation strategies ,section #acfa7;d77#a7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #dajb7;d77#a77 is amended-- 7#a7 in subparagraph 7,a71 by striking and at the end2 7#b7 in subparagraph 7,b71 by striking and at the end2 and 7#c7 by inserting after subparagraph 7,b7 the following3 7,c7 with respect to buildings in dense urban environments1 methods that can be deployed on a block or neighborhood scale2 and 7,d7 elevation of mechanical systems2 and 4 7b7 ,mitigation credit ,section #acjh7k7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djae7k77 is amended-- 7#a7 by striking shall take into account and inserting shall-- 7#a7 take into account 2 7#b7 in paragraph 7#a71 as so designated1 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#b7 offer a reduction of the risk premium rate charged to a policyholder in an amount that is not less than #aj percent of that rate if the policyholder implements any mitigation method described in paragraph 7#a74 4 #bje4 ,community ,rating ,system ,regional ,coordinator ,section #acae7;b7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djbb7;b77 is amended by adding at the end the following3 7#e7 ,regional coordinator 7,a7 ,in general ,the ,administrator shall appoint a regional coordinator in each region served by a ,regional ,office 7as defined in section #eja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #caa77 to provide technical assistance to small communities to enable those communities to effectively participate in and benefit from the community rating system program4 7,b7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this paragraph1 which shall remain available until expended4 4 #bjf4 ,mitigation loan program 7a7 ,definition ,in this section1 the term mitigation measure means1 with respect to a structure1 a measure undertaken to reduce the risk of flood damage to the structure4 7b7 ,establishment ,the ,administrator may establish a pilot program through which the ,administrator may provide low-interest loans to policyholders under the ,national ,flood ,insurance ,program for the purposes described in subsection 7c74 7c7 ,purposes of loans ,a loan provided to a policyholder under the pilot program established under subsection 7b7 shall be used to undertake mitigation measures with respect to the insured property that cost less than the cost of the estimated amount of premiums that would be paid with respect to the property during the #ej-year period beginning in the year in which the loan is made and if those mitigation measures were not undertaken4 7d7 ,sale of property ,if a property with respect to which a loan has been made under this section is sold1 upon that sale1 the outstanding loan balance shall-- 7#a7 be repaid using the proceeds of the sale2 or 7#b7 carry over to the purchaser of the property if the purchaser so consents before the execution of the sale4 #bjg4 ,revolving loan funds 7a7 ,in general ,chapter ,i of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djaa et seq471 as amended by section #ajc1 is amended by adding at the end the following3 #acbg4 ,state or ,tribal government revolving loan funds for flood mitigation 7a7 ,definitions ,in this section3 7#a7 ,community rating system ,the term ,community ,rating ,system means the community rating system program carried out under section #acae7;b74 7#b7 ,intended use plan ,the term intended use plan means a plan prepared under subsection 7d77#a74 7#c7 ,low-income geographic area ,the term low-income geographic area means an area described in paragraph 7#a7 or 7#b7 of section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa7;a774 7#d7 ,low-income homeowner ,the term low-income homeowner means the owner of a primary residence1 the household income of which in a taxable year is not more than #hj percent of the median income for the area in which the residence is located4 7#e7 ,participating entity ,the term participating entity means a ,state or ,tribal government that-- 7,a7 has entered into an agreement under subsection 7b77#a72 and 7,b7 agrees to comply with the requirements of this section4 7#f7 ,pre-,,firm building ,the term pre-,,firm building means a building for which construction or substantial improvement occurred before the later of-- 7,a7 ,december #ca1 #aigd2 or 7,b7 the effective date of the rate map published by the ,administrator under section #acfj for the area in which the building is located4 7#g7 ,state or ,tribal government loan fund ,the term ,state or ,tribal government loan fund means a flood mitigation assistance revolving loan fund established by a ,state or ,tribal government under this section4 7#h7 ,tribal government ,the term ,tribal government means the recognized government of an ,indian tribe1 or the governing body of an ,alaska ,native regional or village corporation1 that has been determined eligible to receive services from the ,bureau of ,indian ,affairs4 7b7 ,general authority 7#a7 ,in general ,the ,administrator may enter into an agreement with a ,state or ,tribal government to provide a capitalization grant for the ,state or ,tribal government to establish a revolving fund that will provide funding assistance to help homeowners1 businesses1 nonprofit organizations1 and communities reduce flood risk in order to decrease-- 7,a7 the loss of life and property2 7,b7 the cost of flood insurance2 and 7,c7 ,federal disaster payments4 7#b7 ,timing of deposit and agreements for distribution of funds 7,a7 ,in general ,not later than the last day of the fiscal year following the fiscal year in which a capitalization grant is made to a participating entity under paragraph 7#a71 the participating entity shall-- 7i7 deposit the grant in the ,state or ,tribal government loan fund of the participating entity2 and 7ii7 enter into #a or more binding agreements that provide for the participating entity to distribute the grant funds for purposes authorized under subsection 7c7 such that-- 7,i7 in the case of the initial grant made to a participating entity under this section1 not less than #ge percent of the amount of the grant shall be distributed before the end of the #b-year period beginning on the date on which the funds are deposited in the ,state or ,tribal government loan fund of the participating entity2 and 7,,ii7 in the case of any subsequent grant made to a participating entity under this section1 not less than #ij percent of the amount of the grant shall be distributed before the end of the #a-year period beginning on the date on which the funds are deposited in the ,state or ,tribal government loan fund of the participating entity4 7,b7 ,noncompliance ,except as provided in subparagraph 7,c71 if a participating entity does not comply with subparagraph 7,a7 with respect to a grant1 the ,administrator shall reallocate the grant in accordance with paragraph 7#c77;,b74 7,c7 ,exception ,the ,administrator may not reallocate any funds under subparagraph 7,b7 to a participating entity that violated subparagraph 7,a7 with respect to a grant made during the same fiscal year in which the funds to be reallocated were originally made available4 7#c7 ,allocation 7,a7 ,in general ,the ,administrator shall allocate amounts made available to carry out this section to participating entities-- 7i7 for the participating entities to deposit in the ,state or ,tribal government loan fund established by the participating entity2 and 7ii7 except as provided in paragraph 7#f71 in accordance with the requirements described in subparagraph 7,b74 7,b7 ,requirements ,the requirements described in this subparagraph are as follows3 7i7 ,fifty percent of the total amount made available under subparagraph 7,a7 shall be allocated so that each participating entity receives the percentage amount that is obtained by dividing the number of properties that were insured under the national flood insurance program in that ,state or ,tribal government jurisdiction1 as applicable1 in the fiscal year preceding the fiscal year in which the amount is allocated by the total number of properties that were insured under the national flood insurance program in the fiscal year preceding the fiscal year in which the amount is allocated4 7ii7 ,fifty percent of the total amount made available under subparagraph 7,a7 shall be allocated so that each participating entity receives a percentage of funds that is equal to the product obtained under clause 7iii77,,iv7 with respect to that participating entity after following the procedures described in clause 7iii74 7iii7 ,the procedures described in this clause are as follows3 7,i7 ,divide the total amount collected in premiums for properties insured under the national flood insurance program in each participating entity during the previous fiscal year by the number of properties insured under the national flood insurance program in that ,state or ,tribal government jurisdiction1 as applicable1 for that fiscal year4 7,,ii7 ,add together each quotient obtained under subclause 7,i74 7,,iii7 ,for each participating entity1 divide the quotient obtained under subclause 7,i7 with respect to that ,state or ,tribal government jurisdiction1 as applicable1 by the sum obtained under subclause 7,,ii74 7,,iv7 ,for each participating entity1 multiply the amount that is #ej percent of the total amount made available under subparagraph 7,a7 by the quotient obtained under subclause 7,,iii74 7iv7 ,except as provided in paragraph 7#e71 in a fiscal year-- 7,i7 a participating entity may not receive more than #ae percent of the total amount that is made available under subparagraph 7,a7 in that fiscal year2 and 7,,ii7 if a participating entity1 based on the requirements under clauses 7i7 through 7iii71 would1 but for the limitation under subclause 7,i7 of this clause1 receive an amount that is greater than the amount that the ,state or ,tribal government jurisdiction1 as applicable1 is authorized to receive under that subclause1 the difference between the authorized amount and the amount otherwise due to the ,state or ,tribal government jurisdiction1 as applicable1 under clauses 7i7 through 7iii7 shall be allocated to other participating entities-- 7aa7 that1 in that fiscal year1 have not received an amount under subparagraph 7,a7 that is more than the authorized amount under subclause 7,i7 of this clause2 and 7bb7 by using the requirements under clauses 7i7 through 7iii71 except that a participating entity may receive an allocation under this subclause only if the allocation does not result in the ,state or ,tribal government jurisdiction1 as applicable1 receiving a total amount for the fiscal year under subparagraph 7,a7 that is greater than the authorized amount under subclause 7,i74 7#d7 ,no revolving fund required 7,a7 ,in general ,notwithstanding any other provision of this section1 and subject to subparagraph 7,b71 a participating entity that receives less than #d1jjj1jjj under paragraph 7#c77;,b7 in a fiscal year may distribute the funds directly in the form of grants or technical assistance for a purpose described in subsection 7c77#b71 without regard to whether the participating entity has established a ,state or ,tribal government loan fund4 7,b7 ,matching ,a participating entity that exercises the authority under subparagraph 7,a7 in a fiscal year shall provide matching funds from non-,federal sources in an amount that is equal to #be percent of the amount that the participating entity receives under paragraph 7#c77;,b7 in that fiscal year for purposes described in subparagraph 7,a74 7#e7 ,allocation of remaining funds ,after allocating amounts made available to carry out this section for a fiscal year in accordance with paragraph 7#c71 the ,administrator shall allocate any remaining amounts made available for that fiscal year to participating entities1 using the procedures described in clauses 7i7 through 7iii7 of paragraph 7#c77;,b74 7#f7 ,reservation of funds ,the ,administrator shall reserve not more than #a4e percent of the amount made available to carry out this section in a fiscal year-- 7,a7 for administrative costs incurred by the ,federal ,emergency ,management ,agency in carrying out this section2 7,b7 to provide technical assistance to recipients of grants under this section2 and 7,c7 to enter into grant agreements with insular areas1 with the grant funds to be distributed-- 7i7 according to criteria established by the ,administrator2 and 7ii7 for a purpose described in subsection 7c77#b74 7c7 ,use of funds 7#a7 ,in general ,amounts deposited in a ,state or ,tribal government loan fund1 including repayments of loans made from the fund and interest earned on the amounts in the fund1 shall be used-- 7,a7 consistent with paragraph 7#b7 and subsection 7g71 to provide financial assistance for-- 7i7 homeowners1 businesses1 and nonprofit organizations that are eligible to participate in the national flood insurance program2 and 7ii7 any local government that participates in the national flood insurance program2 7,b7 as a source of revenue and security for leveraged loans1 the proceeds of which shall be deposited in the ,state or ,tribal government loan fund2 or 7,c7 for the sale of bonds as security for payment of the principal and interest on revenue or general obligation bonds issued by the participating entity to provide matching funds under subsection 7f71 if the proceeds from the sale of the bonds are deposited in the ,state or ,tribal government loan fund4 7#b7 ,purposes ,a recipient of financial assistance provided through amounts from a ,state or ,tribal government loan fund-- 7,a7 shall use the amounts to reduce-- 7i7 flood risk2 or 7ii7 potential claims for losses covered under the national flood insurance program2 7,b7 shall use the amounts in a cost-effective manner under requirements established by the participating entity1 which may require an applicant for financial assistance to submit any information that the participating entity considers relevant or necessary before the date on which the applicant receives the assistance2 7,c7 shall use the amounts for projects that-- 7i7 meet design and construction standards established by the ,administrator2 7ii7 are located in communities that-- 7,i7 participate in the national flood insurance program2 and 7,,ii7 have developed a community flood risk mitigation plan that has been approved by the ,administrator under section #acff2 7iii7 address-- 7,i7 a repetitive loss structure or a severe repetitive loss property2 or 7,,ii7 flood risk in the #ejj-year floodplain1 areas of residual flood risk1 or other areas of potential flood risk1 as identified by the ,administrator2 and 7iv7 address current risk and anticipate future risk1 such as sea-level rise1 and flood risk resulting from wildfire2 7,d7 may use the amounts-- 7i7 for projects relating to-- 7,i7 structural elevation2 7,,ii7 floodproofing2 7,,iii7 the relocation or removal of buildings from the #ajj-year floodplain or other areas of flood risk1 including the acquisition of properties for such a purpose2 7,,iv7 environmental restoration activities that directly reduce flood risk1 including green infrastructure2 7,v7 any eligible activity described in subparagraphs 7,a7 through 7,g7 of section #acff7;c77#c72 or 7,,vi7 other activities determined appropriate by the ,administrator2 7ii7 with respect to a project described in clause 7i71 only for expenditures directly related to a project described in that clause1 including expenditures for planning1 design1 and associated pre-construction activities2 7iii7 to acquire1 for the purposes of permanent protection1 land1 buildings1 or a conservation easement from a willing seller or grantor1 provided that-- 7,i7 the use of the land will be committed in perpetuity1 with assurances from the recipient1 that the land will only be used for open spaces1 recreational use1 or wetland management practices2 and 7,,ii7 no new structure will be erected on the property acquired other than-- 7aa7 a public facility that is open on all sides and functionally related to a designated open space2 7bb7 a restroom2 or 7cc7 a structure that the ,administrator approves in writing before the commencement of a construction of the structure2 and 7iv7 the recipient may make no subsequent application for disaster assistance for any purpose and no such assistance will be provided to the applicant from any ,federal source2 7,e7 may not use the amounts-- 7i7 to construct buildings or expand existing buildings1 unless the activity is for the purpose of flood mitigation2 7ii7 to improve any structure1 unless the recipient has obtained flood insurance coverage1 which shall be maintained for the useful life of the structure1 in an amount that is not less than the lesser of-- 7,i7 the eligible project costs with respect to the structure2 and 7,,ii7 the maximum insurable limit for the structure under the national flood insurance program coverage for the structure2 7iii7 to improve a residential property with an appraised value that is not less than #abe percent of the limitation on the maximum original principal obligation of a conventional mortgage that may be purchased by the ,federal ,national ,mortgage ,association or the ,federal ,home ,loan ,mortgage ,corporation in the area in which the property is located1 as established under section #cjb7;b77#b7 of the ,federal ,national ,mortgage ,association ,charter ,act 7#ab ,u4,s4,c4 #agag7;b77#b77 and section #cje7;a77#b7 of the ,federal ,home ,loan ,mortgage ,corporation ,act 7#ab ,u4,s4,c4 #aded7;a77#b772 7iv7 for the direct benefit of a homeowner if the annual household adjusted gross income of the homeowner during the previous fiscal year was not less than #bjj1jjj1 as annually adjusted by the ,administrator to reflect changes in the ,consumer ,price ,index for ,all ,urban ,consumers1 as published by the ,bureau of ,labor ,statistics of the ,department of ,labor and rounded to the nearest #be2 or 7v7 to acquire real property or an interest in real property unless the property is purchased from a willing seller2 and 7,f7 to the maximum extent practicable1 shall1 in using those amounts1 give priority to projects that assist low-income homeowners and low-income geographical areas4 7d7 ,intended use plans 7#a7 ,in general ,after providing the opportunity for public review and comment1 each participating entity shall annually prepare a plan that identifies1 for the year following the date of issuance of the intended use plan1 the intended uses of the amounts available in the ,state or ,tribal government loan fund of the participating entity4 7#b7 ,consultation during preparation ,each participating entity1 in preparing an intended use plan1 shall ensure that the ,state or ,tribal government agency with primary responsibility for floodplain management-- 7,a7 provides oversight with respect to the preparation of the intended use plan2 and 7,b7 consults with any other appropriate ,state or ,tribal government agency1 including agencies responsible for coastal and environmental management4 7#c7 ,contents ,a participating entity shall1 in each intended use plan-- 7,a7 include-- 7i7 an explanation of the mitigation and resiliency benefits the participating entity intends to achieve1 including by-- 7,i7 reducing future damage and loss associated with flooding2 7,,ii7 reducing the number of severe repetitive loss properties and repetitive loss structures in the ,state or ,tribal government jurisdiction1 as applicable2 7,,iii7 decreasing the number of flood insurance claims in the ,state or ,tribal government jurisdiction1 as applicable2 and 7,,iv7 increasing the rating under the ,community ,rating ,system for communities in the ,state or ,tribal government jurisdiction1 as applicable2 7ii7 information with respect to the availability of1 and the application process for receiving1 financial assistance from the ,state or ,tribal government loan fund of the participating entity2 7iii7 the criteria and methods established for the distribution of amounts from the ,state or ,tribal government loan fund of the participating entity2 7iv7 the amount of financial assistance that the participating entity anticipates providing to-- 7,i7 local government projects2 and 7,,ii7 projects for homeowners1 business1 or nonprofit organizations2 7v7 the expected terms of the assistance provided under clause 7iv72 and 7vi7 a description of the financial status of the ,state or ,tribal government loan fund and the short-term and long-term goals of the ,state or ,tribal government loan fund2 and 7,b7 provide1 to the maximum extent practicable1 that priority for the use of amounts from the ,state or ,tribal government loan fund shall be given to projects that-- 7i7 address severe repetitive loss properties and repetitive loss structures2 7ii7 assist low-income homeowners and low-income geographic areas2 and 7iii7 address flood risk for pre-,,firm buildings4 7#d7 ,publication ,each participating entity shall publish and periodically update a list of all projects receiving funding from the ,state or ,tribal government loan fund of the participating entity1 which shall include identification of-- 7,a7 the community in which the project is located2 7,b7 the type and amount of assistance provided for each project2 and 7,c7 the expected funding schedule and date of completion of each project4 7e7 ,fund management ,amounts in a ,state or ,tribal government loan fund shall-- 7#a7 remain available for providing financial assistance under this section until distributed2 7#b7 if the amounts are not required for immediate distribution or expenditure1 be invested in interest-bearing obligations2 and 7#c7 except as provided in subsection 7i71 include only-- 7,a7 amounts received from capitalization grants made under this section2 7,b7 repayments of loans made from the fund2 and 7,c7 interest earned on amounts in the fund4 7f7 ,matching funds 7#a7 ,full grant ,on or before the date on which a participating entity receives a capitalization grant1 the participating shall deposit into the ,state or ,tribal government loan fund of the participating entity1 in addition to the amount of the capitalization grant1 an amount from non-,federal sources that is not less than #bj percent of the total amount of the capitalization grant4 7#b7 ,reduced grant ,if1 with respect to a capitalization grant1 a participating entity deposits in the ,state or ,tribal government loan fund of the participating entity an amount from non-,federal sources that is less than #bj percent of the total amount of the capitalization grant that the participating entity would otherwise receive1 the ,administrator shall-- 7,a7 reduce the amount of the capitalization grant received by the participating entity to the amount that is #e times the amount so deposited2 and 7,b7 in accordance with subsection 7b77#e71 allocate the difference between the amount that the participating entity would have received if the participating entity had complied with paragraph 7#a7 and the amount of the reduced grant that the participating entity receives under subparagraph 7,a74 7g7 ,types of assistance ,unless otherwise prohibited by law of a participating entity1 the participating entity may use the amounts deposited into a ,state or ,tribal government loan fund under this section only-- 7#a7 to make a loan1 on the condition that-- 7,a7 the interest rate for the loan is not more than the market interest rate2 7,b7 the recipient of the loan will begin making principal and interest payments on the loan not later than #a year after the date on which the project for which the loan was made is completed2 7,c7 the loan will be fully amortized not later than #bj years after the date on which the project for which the loan was made is completed1 except that1 in the case of a loan made for a project in a low-income geographic area or to a low-income homeowner1 the ,state may provide a longer amortization period for the loan if that longer period-- 7i7 ends on a date that is not later than #cj years after the date on which the project is completed2 and 7ii7 is not longer than the expected design life of the project2 7,d7 the recipient of the loan demonstrates1 based on verified and documented information that1 as of the date on which the loan is made1 the recipient has a reasonable ability to repay the loan1 according to the terms of the loan1 except that this subparagraph may not be construed to authorize any reduction or limitation in efforts to comply with the requirements of subsection 7c77#b77;,f72 and 7,e7 payments of principal and interest with respect to the loan will be deposited into the ,state or ,tribal government loan fund2 7#b7 to buy or refinance the debt obligation of a local government at an interest rate that is not more than the market interest rate2 7#c7 to guarantee1 or purchase insurance for1 a local obligation1 the proceeds of which finance a project eligible for assistance under this section1 if the guarantee or purchase1 as applicable1 would-- 7,a7 improve credit market access2 or 7,b7 reduce the interest rate with respect to the obligation2 7#d7 as a source of revenue or as security for the payment of principal and interest on revenue or general obligation bonds issued by the participating entity if the proceeds of the sale of the bonds will be deposited into the ,state or ,tribal government loan fund2 or 7#e7 to earn interest on those amounts4 7h7 ,assistance for low-,income homeowners and low-,income geographic areas 7#a7 ,in general ,notwithstanding any other provision of this section1 if a participating entity uses amounts from a ,state or ,tribal government loan fund to provide financial assistance under subsection 7c7 in a low-income geographic area or to a low-income homeowner1 the participating entity may provide additional subsidization to the recipient of the assistance1 including forgiveness of the principal of a loan4 7#b7 ,limitation ,for each fiscal year1 the total amount of additional subsidization provided by a participating entity under paragraph 7#a7 may not exceed #cj percent of the amount of the capitalization grant allocated to the participating entity for that fiscal year4 7i7 ,administration of fund 7#a7 ,in general ,a participating entity may combine the financial administration of a ,state or ,tribal government loan fund with the financial administration of any other revolving fund established by the participating entity if-- 7,a7 combining the administration of the funds would-- 7i7 be convenient and avoid administrative costs2 and 7ii7 not violate the law of the participating entity2 and 7,b7 the ,administrator determines that-- 7i7 amounts obtained from a grant made under this section1 amounts obtained from the repayment of a loan made from a ,state or ,tribal government loan fund1 and interest earned on amounts in a ,state or ,tribal government loan fund will be-- 7,i7 accounted for separately from amounts from other revolving funds2 and 7,,ii7 used only for purposes authorized under this section2 and 7ii7 after consulting with the appropriate ,state or ,tribal government agencies1 the authority to establish assistance priorities and carry out oversight and related activities1 other than financial administration1 with respect to flood assistance remains with the ,state or ,tribal government agency with primary responsibility for floodplain management4 7#b7 ,administrative and technical costs 7,a7 ,in general ,for each fiscal year1 a participating entity may use the amount described in subparagraph 7,b7 to-- 7i7 pay the reasonable costs of administration of the programs under this section1 including the recovery of reasonable costs incurred in establishing a ,state or ,tribal government loan fund2 7ii7 provide appropriate oversight of projects authorized under this section2 and 7iii7 provide technical assistance and outreach to recipients in the ,state or ,tribal government jurisdiction of amounts under this section1 including with respect to updating hazard mitigation plans and participating in the ,community ,rating ,system1 in an amount that is not more than #d percent of the funds made available to the ,state or ,tribal government jurisdiction under this section4 7,b7 ,description ,the amount described in this subparagraph is an amount equal to the sum of-- 7i7 any fees collected by a participating entity to recover the costs described in subparagraph 7,a77i71 regardless of the source2 and 7ii7 the greatest of-- 7,i7 #djj1jjj2 7,,ii7 #j4b percent of the value of the ,state or ,tribal government loan fund of a participating entity1 as of the date on which the valuation is made2 and 7,,iii7 an amount equal to #g percent of all grant awards made to a participating entity for the ,state or ,tribal government loan fund of the participating entity under this section for the fiscal year4 7#c7 ,audit and report 7,a7 ,audit requirement ,not less frequently than biennially1 each participating entity shall conduct an audit of the ,state or ,tribal government loan fund of the participating entity4 7,b7 ,report ,each participating entity shall submit to the ,administrator a biennial report regarding the activities of the participating entity under this section during the period covered by the report1 including-- 7i7 the result of any audit conducted by the participating entity under subparagraph 7,a72 and 7ii7 a review of the effectiveness of the ,state or ,tribal government loan fund of the participating entity with respect to-- 7,i7 the intended use plans of the participating entity2 and 7,,ii7 meeting the objectives described in subsection 7b77#a74 7#d7 ,oversight ,in conducting oversight with respect to ,state or ,tribal government loan funds established under this section1 the ,administrator-- 7,a7 shall-- 7i7 periodically audit the funds in accordance with procedures established by the ,comptroller ,general of the ,united ,states2 and 7ii7 not less frequently than once every #d years1 review each ,state or ,tribal government loan fund to determine the effectiveness of the fund in reducing flood risk2 and 7,b7 may1 at any time-- 7i7 make recommendations to a participating entity with respect to the administration of the ,state or ,tribal government loan fund of the participating entity2 or 7ii7 require specific changes with respect to a ,state or ,tribal government loan fund of the participating entity in order to improve the effectiveness of the fund4 7j7 ,liability protections ,the ,federal ,emergency ,management ,agency shall not be liable for any claim based on the exercise or performance of1 or the failure to exercise or perform1 a discretionary function or duty by the ,agency1 or an employee of the ,agency1 in carrying out this section4 7k7 ,regulations ,the ,administrator shall promulgate such guidance or regulations as may be necessary to carry out this section1 including guidance or regulations that-- 7#a7 ensure that each participating entity to which funds are allocated under this section uses the funds as efficiently as possible2 7#b7 reduce1 to the maximum extent practicable1 waste1 fraud1 and abuse with respect to the implementation of this section2 and 7#c7 require any party that receives funds directly or indirectly under this section1 including a participating entity and a recipient of amounts from a ,state or ,tribal government loan fund1 to use procedures with respect to the management of the funds that conform to generally accepted accounting standards4 7l7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years #bjbb through #bjca4 4 7b7 ,consideration of mitigation measures funded by ,state loan funds in flood insurance premium rates 7#a7 ,estimated rates ,section #acjg7;a77#a77;,a77ii7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djad7;a77#a77;,a77ii77 is amended by striking and similar measures and inserting similar measures1 and any activities funded through amounts from a ,state or ,tribal government loan fund established under section #acbg4 7#b7 ,chargeable rates ,section #acjh7;b77#a7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djae7;b77#a77 is amended by striking and similar measures and inserting similar measures1 and any activities funded through amounts from a ,state or ,tribal government loan fund established under section #acbg4 #bjh4 ,mapping modernization 7a7 ,amendments to the ,biggert-,waters ,flood ,insurance ,reform ,act of #bjab ,the ,biggert-,waters ,flood ,insurance ,reform ,act of #bjab 7#db ,u4,s4,c4 #djjd et seq47 is amended-- 7#a7 in section #ajjbae 7#db ,u4,s4,c4 #daja;a7-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#a7-- 7,i7 by redesignating subparagraphs 7,a7 through 7,e7 as subparagraphs 7,b7 through 7,f71 respectively2 7,,ii7 by inserting before subparagraph 7,b71 as so redesignated1 the following3 7,a7 the ,director of the ,united ,states ,geological ,survey2 2 and 7,,iii7 in subparagraph 7,f71 as so redesignated-- 7aa7 in the matter preceding clause 7i71 by striking #af and inserting #ag2 7bb7 in clause 7xiii71 by striking and at the end2 7cc7 in clause 7xiv71 by striking the period at the end and inserting 2 and2 and 7dd7 by adding at the end the following3 7xv7 an expert in the field of catastrophic risk modeling4 2 7ii7 in paragraph 7#b71 in the second sentence1 by striking paragraph 7#a77;,e7 and inserting paragraph 7#a77;,f72 and 7iii7 by adding at the end the following3 7#c7 ,conflicts of interest ,a member of the ,council-- 7,a7 may not1 while serving on the ,council1 be employed or retained by-- 7i7 a ,federal ,emergency ,management ,agency contractor or consultant2 or 7ii7 a nongovernmental entity that was awarded a ,federal grant during the #e-year period preceding the date on which the member was appointed to the ,council2 and 7,b7 may not have been employed by a ,federal ,emergency ,management ,agency contractor or consultant during the #e-year period preceding the date on which the member was appointed to the ,council4 2 and 7,b7 by adding at the end the following3 7m7 ,private or community flood maps 7#a7 ,standards and procedures ,in addition to the other duties of the ,council under this section1 not later than #a year after the date of enactment of this subsection1 the ,council shall develop and establish a set of standards1 guidelines1 and procedures for-- 7,a7 ,state and local governments1 federally or ,state-recognized metropolitan planning organizations 7commonly known as ,m,p,os71 federally or ,state-recognized councils of local governments1 and federally or ,state-recognized rural transportation planning organizations to use in mapping flood risks and developing alternative maps to the flood insurance rate maps developed by the ,administrator2 and 7,b7 certification1 by the ,administrator not later than #ij days after the date on which a map developed under subparagraph 7,a7 is submitted to the ,administrator1 for use under the ,national ,flood ,insurance ,program in the case of any area covered by a flood insurance rate map developed or approved by the ,administrator that has not been updated or reissued during the preceding #c-year period4 7#b7 ,treatment ,on and after the date on which the ,administrator certifies a map under paragraph 7#a77;,b71 and subject to the requirements of section #acfc of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #dajd71 the map-- 7,a7 shall be considered the flood insurance rate map in effect for all purposes of the ,national ,flood ,insurance ,program with respect to the area covered by the map2 and 7,b7 may not be revised1 updated1 or replaced in accordance with the standards1 guidelines1 and procedures established under paragraph 7#a7 before the expiration of the #c-year period beginning on that date of certification4 7#c7 ,exemption from rulemaking ,until the date on which the ,administrator promulgates regulations implementing paragraphs 7#a7 and 7#b71 the ,administrator may adopt policies and procedures1 notwithstanding any other provision of law1 necessary to implement those paragraphs without regard to section #eec of title #e1 ,united ,states ,code1 and without conducting regulatory analyses otherwise required by statute1 regulation1 or ,executive order4 2 and 7#b7 in section #ajjbaf 7#db ,u4,s4,c4 #daja;b7-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,a7-- 7aa7 in clause 7v71 by striking and at the end2 7bb7 in clause 7vi71 by adding and at the end2 and 7cc7 by inserting after clause 7vi7 the following3 7vii7 all other areas of the ,united ,states that are not described in clauses 7i7 through 7vi72 2 7,,ii7 in subparagraph 7,b71 by striking and at the end2 7,,iii7 in subparagraph 7,c71 by striking the period at the end and inserting 1 including the most recently available and best remote sensing technology22 and 7,,iv7 by adding at the end the following3 7,d7 when appropriate1 partner with other ,federal agencies1 ,states1 and private entities in order to meet the objectives of the program2 and 7,e7 consult and coordinate with the ,secretary of ,defense1 the ,director of the ,united ,states ,geological ,survey1 the ,director of the ,fish and ,wildlife ,service1 and the ,administrator of the ,national ,oceanic and ,atmospheric ,administration to obtain the most up-to-date maps and other information of those agencies1 including information relating to topography1 water flow1 watershed characteristics1 and any other issues that are relevant to identifying1 reviewing1 updating1 maintaining1 and publishing ,national ,flood ,insurance ,program rate maps4 2 and 7ii7 in paragraph 7#c7-- 7,i7 in subparagraph 7,a71 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and adjusting the margins accordingly2 7,,ii7 by redesignating subparagraphs 7,a7 through 7,e7 as clauses 7i7 through 7v71 respectively1 and adjusting the margins accordingly2 7,,iii7 in the matter preceding clause 7i71 as so redesignated1 by striking ,administrator shall include-- and inserting the following3 ,administrator-- 7,a7 shall include-- 2 7,,iv7 in subparagraph 7,a77v71 as so redesignated1 by striking the period at the end and inserting 2 and2 and 7,v7 by adding at the end the following3 7,b7 may include-- 7i7 any relevant information that is obtained under paragraph 7#a77;,e72 and 7ii7 cadastral features1 including1 for each cadastral feature-- 7,i7 the associated parcel identification data for that feature2 and 7,,ii7 to the maximum extent practicable1 using public and private sector address data1 the address of that feature4 2 7,b7 in subsection 7c77#b7-- 7i7 in subparagraph 7,b71 by striking and at the end2 7ii7 in subparagraph 7,c71 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7,d7 not later than #e years after the date on which the ,national ,geodetic ,survey completes the modernization of the ,national ,spatial ,reference ,system in #bjbb1 updated to conform with the geospatial data provided by that system2 and 7,e7 spatially accurate in accordance with the common protocols for geographic information systems under applicable law4 2 7,c7 by redesignating subsection 7f7 as subsection 7g72 7,d7 by inserting after subsection 7e7 the following3 7f7 ,incorporating building-,specific flood risk information 7#a7 ,establishment 7,a7 ,in general ,not later than #e years after the date of enactment of the ,national ,flood ,insurance ,program ,reauthorization and ,reform ,act of #bjba1 the ,administrator1 in coordination with1 and as recommended by1 the ,technical ,mapping ,advisory ,council1 shall establish a dynamic1 database-derived digital display environment for flood hazard risk production and dissemination4 7,b7 ,consultation with ,states and communities ,in designing and constructing the environment under subparagraph 7,a71 the ,administrator shall-- 7i7 leverage and partner with ,states and communities that have successfully implemented the same approach2 and 7ii7 consider adopting the techniques and technologies used by ,states and communities described in clause 7i7 and applying them nationwide4 7#b7 ,digital display 7,a7 ,in general ,in carrying out paragraph 7#a71 the ,administrator shall create a digital display prompted through dynamic querying of a spatial1 relational building database that includes-- 7i7 special flood hazard areas and base flood elevations for purposes of lender compliance with the requirements under section #ajb of the ,flood ,disaster ,protection ,act of #aigc 7#db ,u4,s4,c4 #djab;a72 and 7ii7 structure-specific flood risk information1 including1 for each property address-- 7,i7 the spatial footprint and elevation of the structure relative to special flood hazard areas and base flood elevations2 7,,ii7 elevation data applicable to the property2 7,,iii7 any letter of map changes2 7,,iv7 to the maximum extent practicable1 the full risk premium rate estimated for the structure under section #acjg7;a77#a7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djad7;a77#a77 based on elevation data and1 where applicable1 the level of protection provided by levee systems2 7,v7 the disclosure described in section #acjh7l7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djae7l771 which shall include-- 7aa7 the extent to which1 if any1 the chargeable premium rate applicable to the property is less than the full risk premium rate under section #acjg7;a77#a7 of that ,act 7#db ,u4,s4,c4 #djad7;a77#a772 and 7bb7 an explanation of the difference described in item 7aa7 and the methodology used to rate the property2 7,,vi7 the estimated cost to repair the structure in the case of damage from floods with recurrence intervals ranging from the #aj percent annual chance event to the #j4b percent annual chance event2 7,,vii7 the cost-effectiveness of mitigating the structure using common methods and how the chargeable premium rate would change based on each mitigation method2 and 7,,viii7 the claims history of the structure1 including the amount and date of each loss4 7,b7 ,privacy requirements ,with respect to the database described in subparagraph 7,a71 including any data used to create that database1 the ,administrator may not disseminate the database to any person other than the owner or leaseholder of a property identified in the database4 7#c7 ,database 7,a7 ,in general ,the ,administrator shall-- 7i7 develop a spatial1 relational database of buildings for which flood hazard has been identified through the ,national ,flood ,insurance ,program2 and 7ii7 obtain the data necessary to support the digital display created under paragraph 7#b74 7,b7 ,data ,the data obtained under subparagraph 7,a7 shall include1 at a minimum-- 7i7 footprints and elevations 7including lowest adjacent grade and first floor7 from ,light ,detection and ,ranging 7commonly known as ,li,d,a,r7 data collections or other data collection methods that meet or exceed the standards for buildings1 as determined by the ,administrator2 7ii7 elevation data2 7iii7 parcel1 address1 and imagery data necessary for the identification1 assessment1 and reduction of flood hazards for individual properties2 7iv7 flood insurance rate maps1 studies1 and supporting data2 7v7 letters of map change2 and 7vi7 any other data that the ,administrator determines necessary to collect to meet the objectives of this section4 7#d7 ,data procurement ,the ,administrator shall obtain any data necessary to establish the environment under paragraph 7#a71 including by-- 7,a7 directing communities participating in the ,national ,flood ,insurance ,program1 by regulation1 to collect and supply information1 including elevation data1 for each structure that obtains a construction or other development permit within-- 7i7 a special flood hazard area2 or 7ii7 an advisory special flood hazard area adopted by the community2 7,b7 issuing guidelines and standards1 as determined by the ,administrator2 7,c7 partnering with other ,federal1 ,state1 local1 and private stakeholders to the greatest extent possible to obtain and share existing data that meets or exceeds the standards determined by the ,administrator under subparagraph 7,b72 and 7,d7 contracting with private companies to obtain new ,li,d,a,r data collections or elevation data4 7#e7 ,,nfip premium credit ,the ,administrator shall provide a #a-time premium credit of not more than #ejj to a policyholder for the purchase of an elevation certificate4 7#f7 ,mass letters of map change ,in coordination with ,states and communities that have successfully implemented a dynamic1 database-derived digital display environment for flood hazard risk production and dissemination1 the ,administrator shall issue guidelines for the adoption and integration into the program established under subsection 7a7 of ,li,d,a,r-based letter of map amendment approaches4 7#g7 ,annual report ,the ,administrator shall submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,financial ,services of the ,house of ,representatives an annual progress report on the implementation of this subsection1 which shall include recommendations to reduce the cost and improve the implementation of this subsection4 2 and 7,e7 in subsection 7g71 as so redesignated-- 7i7 by striking this section #djj1jjj1jjj and inserting the following3 this section-- 7#a7 #ejj1jjj1jjj 2 and 7ii7 by striking the period at the end and inserting the following3 2 and 7#b7 #ejj1jjj1jjj for each of fiscal years #bjbb through #bjbg4 4 7b7 ,appeals 7#a7 ,in general 7,a7 ,right to appeal ,section #acfj of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #daja7 is amended by adding at the end the following3 7k7 ,appeals of existing maps 7#a7 ,right to appeal ,subject to paragraph 7#f71 a ,state or local government1 or the owner or lessee of real property1 that makes a formal request to the ,administrator to update a flood insurance rate map that the ,administrator denies may at any time appeal the denial in accordance with this subsection4 7#b7 ,basis for appeal ,the basis for an appeal under this subsection shall be the possession of knowledge or information that-- 7,a7 the base flood elevation level or designation of any aspect of a flood insurance rate map is scientifically or technically inaccurate2 or 7,b7 factors exist that mitigate the risk of flooding1 including ditches1 banks1 walls1 vegetation1 levees1 lakes1 dams1 reservoirs1 basin1 retention ponds1 and other natural or manmade topographical features4 7#c7 ,appeals process 7,a7 ,administrative adjudication ,the ,administrator shall determine an appeal under this subsection by making a final adjudication on the record1 after providing an opportunity for an administrative hearing4 7,b7 ,rights upon adverse decision 7i7 ,optional arbitration ,if an appeal determined under subparagraph 7,a7 does not result in a decision in favor of the ,state1 local government1 owner1 or lessee1 that party may request that an appeal of the adverse decision be heard-- 7,i7 through independent1 non-binding arbitration2 or 7,,ii7 by the ,scientific ,resolution ,panel provided for in section #acfc;,a4 7ii7 ,process ,notwithstanding any provision of section #acfc;,a7c77#d7 regarding the binding nature of the recommendations of the ,scientific ,resolution ,panel1 the ,administrator shall establish a process for the purposes of clause 7i7 under which an arbitrator or the ,scientific ,resolution ,panel1 as applicable1 provides a non-binding recommendation to the ,administrator4 7#d7 ,relief 7,a7 ,wholly successful appeals ,if the ,administrator determines in an appeal under this subsection that the property of a policyholder that had been included in a special flood hazard area under the flood insurance rate map is actually not in a special flood hazard area-- 7i7 the policyholder may cancel the policy at any time during the year in which the ,administrator makes the determination2 and 7ii7 the ,administrator shall provide the policyholder a refund equal to the amount of-- 7,i7 any premiums that the policyholder paid during the year described in clause 7i72 and 7,,ii7 any premiums that the policyholder paid for flood insurance coverage that the policyholder was required to purchase or maintain during the #b-year period preceding the year described in clause 7i74 7,b7 ,partially successful appeals ,if the ,administrator determines in an appeal under this subsection that mitigating factors have reduced1 but not eliminated1 the risk of flooding to a property1 the ,administrator shall-- 7i7 reduce the amount of flood insurance coverage required to be maintained for the property by the ratio of the successful portion of the appeal as compared to the entire appeal2 and 7ii7 provide the policyholder a refund equal to the difference between-- 7,i7 the amount of any premiums that the policyholder paid during the period-- 7aa7 beginning on the later of-- 7,,aa7 the date on which the mitigating factor was created2 or 7,,bb7 ,january #a of the second year preceding the date on which the determination is made2 and 7bb7 ending on the date on which the reduction in the amount of flood insurance required1 as described in clause 7i71 takes effect2 and 7,,ii7 the amount of premiums that the policyholder would have been required to pay if the reduced amount of flood insurance coverage required1 as described in clause 7i71 had been in effect during the period described in subclause 7,i7 of this clause4 7,c7 ,additional relief ,the ,administrator may provide additional refunds in excess of the amounts required under subparagraphs 7,a7 and 7,b7 if the ,administrator determines that such additional refunds are warranted4 7#e7 ,recovery of costs 7,a7 ,appeal expenses ,if a ,state or local government1 or the owner or lessee of real property1 incurs any expense in connection with an appeal under this subsection that is based on a scientific or technical error made by the ,administrator and that is successful in whole or part regarding the designation of the base flood elevation or any aspect of a flood insurance rate map1 including elevation or designation of a special flood hazard area1 the ,administrator shall reimburse the ,state1 local government1 owner1 or lessee in accordance with subparagraph 7,b74 7,b7 ,reimbursable expenses ,the ,administrator-- 7i7 may reimburse a party under subparagraph 7,a7 for reasonable expenses described in that subparagraph-- 7,i7 including for a service provided by a surveyor1 engineer1 or scientific expert2 and 7,,ii7 to the extent measured by the ratio of the successful portion of the appeal as compared to the entire appeal2 and 7ii7 may not reimburse a party under subparagraph 7,a7 for-- 7,i7 the cost of legal services2 or 7,,ii7 the payment of any fee or expense1 the payment of which was agreed to be contingent upon the result of the appeal4 7#f7 ,guidance ,the ,administrator shall issue guidance to implement this subsection1 which shall not be subject to the notice and comment requirements under section #eec of title #e1 ,united ,states ,code4 4 7,b7 ,technical and conforming amendments ,section #acaj7;a7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djag7;a77 is amended-- 7i7 in paragraph 7#g71 by striking and at the end2 7ii7 in paragraph 7#h71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7#i7 for providing reimbursements of expenses of flood insurance rate map appeals under section #acfj7k77#e74 4 7#b7 ,deadline for issuance of guidance ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall issue the guidance required under subsection 7k77#f7 of section #acfj of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #daja71 as added by paragraph 7#a77;,a74 7#c7 ,issuance of regulations for map appeals ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall issue the regulations required to be issued under subsection 7f7 of section #acfc of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #dajd7 and any relevant guidance to implement that subsection4 #bji4 ,levee-protected areas ,section #ajjbaf7;b7 of the ,biggert-,waters ,flood ,insurance ,reform ,act of #bjab 7#db ,u4,s4,c4 #daja;b7b77 is amended by adding at the end the following3 7#d7 ,areas protected by levee systems 7,a7 ,applicability ,to facilitate the implementation of this section1 and notwithstanding any other provision of law1 this paragraph shall apply to a community in which the ,administrator establishes rates for flood insurance under the ,national ,flood ,insurance ,program in a levee-protected area4 7,b7 ,non-accredited levee systems 7i7 ,assessment of protection provided by non-accredited levee systems ,with respect to an area in which the pertinent levee system fails to meet the minimum design1 operation1 and maintenance standards of the ,national ,flood ,insurance ,program described in section #fe4aj of title #dd1 ,code of ,federal ,regulations1 or any successor regulation1 for levee accreditation on a ,national ,flood ,insurance ,program rate map under the ,risk ,rating #b4j methodology 7or any substantially similar methodology71 the ,administrator shall1 not later than #a year after the date of enactment of this paragraph-- 7,i7 through rules issued under section #eec of title #e1 ,united ,states ,code1 establish-- 7aa7 the analysis that the ,administrator will perform to determine the level of protection provided by the non-accredited levee system2 and 7bb7 the procedure by which the ,administrator will establish rates for flood insurance under the ,national ,flood ,insurance ,program for that area2 and 7,,ii7 7aa7 issue guidance with respect to the matters described in items 7aa7 and 7bb7 of subclause 7,i72 or 7bb7 use the levee analysis and mapping procedure of the ,federal ,emergency ,management ,agency1 as in effect on the date of enactment of this paragraph1 for purposes of updating flood insurance rate maps and establishing rates for flood insurance under the ,national ,flood ,insurance ,program1 working with established ,local ,levee ,partnership ,teams or their equivalent for verification of accurate results4 7ii7 ,rate for areas without sufficient data ,with respect to a structure that is located in an area described in clause 7i71 and for which the ,administrator does not have sufficient data to assess risk1 the ,administrator may not increase the rates for flood insurance under the ,national ,flood ,insurance ,program for that structure until the ,administrator-- 7,i7 carries out clause 7i7 with respect to that area2 and 7,,ii7 makes available to all parties affected by the increased rate the data on which the ,administrator is relying in establishing that increased rate4 7,c7 ,mandatory purchase requirement for levee systems ,in any area in which the pertinent levee system meets the minimum design1 operation1 and maintenance standards described in section #fe4aj of title #dd1 ,code of ,federal ,regulations1 or any successor regulation1 the ,administrator may not-- 7i7 designate the levee-protected area a special flood hazard area2 or 7ii7 impose any requirement to purchase flood insurance for a structure located in the area4 7,d7 ,appeals process 7i7 ,in general ,not later than #a year after the date of enactment of this paragraph1 the ,administrator shall develop an appeals process for communities located within a levee-protected area described in this paragraph that disputes the assessment made by the ,administrator of the level of protection provided by the levee or the residual risk associated with the levee4 7ii7 ,definition requirements ,with respect to the appeals process established under clause 7i7-- 7,i7 subject to subclause 7,,ii71 the ,administrator shall make clear which definition of the terms levee and residual risk shall apply for the purposes of the appeal2 and 7,,ii7 an appellant in an appeal brought under that process may require that the ,administrator use the definition of the term levee in section #ei4a of title #dd1 ,code of ,federal ,regulations1 or any successor regulation4 4 #baj4 ,community-wide flood mitigation activities ,it is the sense of ,congress that the ,administrator should consider flood mitigation activities that-- 7#a7 provide benefits to an entire floodplain or community1 or to a portion of such a community2 7#b7 consider all available and practicable approaches2 and 7#c7 the ,administrator determines-- 7,a7 are technically feasible2 7,b7 have the highest net benefits2 and 7,c7 are consistent with mitigation plans approved by the ,administrator4 ,,iii ,solvency #cja4 ,forbearance on ,,nfip interest payments 7a7 ,in general ,during the #e-year period beginning on the date of enactment of this ,act1 the ,secretary of the ,treasury may not charge the ,administrator interest on amounts borrowed by the ,administrator under section #acji7;a7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djaf7;a77 that were outstanding as of the date of enactment of this ,act1 including amounts borrowed after the date of enactment of this ,act that refinance debts that existed before the date of enactment of this ,act4 7b7 ,use of saved amounts ,there shall be deposited into the ,national ,flood ,mitigation ,fund an amount equal to the interest that would have accrued on the borrowed amounts during the #e-year period described in subsection 7a7 at the time at which those interest payments would have otherwise been paid1 which1 notwithstanding any provision of section #acfg of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #dajd;d71 the ,administrator shall use to carry out the program established under section #acff of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #dajd;c74 7c7 ,no retroactive accrual ,after the #e-year period described in subsection 7a71 the ,secretary of the ,treasury shall not require the ,administrator to repay any interest that1 but for that subsection1 would have accrued on the borrowed amounts described in that subsection during that #e-year period4 #cjb4 ,cap on ,write ,your ,own company compensation 7a7 ,in general ,section #acaa of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djah7 is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7c72 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,limitation on compensation2 minimum agent commissions ,in negotiating with appropriate representatives of the insurance industry under subsection 7a71 the ,administrator shall ensure that-- 7#a7 any reimbursement paid to a property and casualty insurance company for selling1 writing1 and servicing flood insurance policies is not more than #bb4df percent of the aggregate amount of premiums charged by the insurance company2 and 7#b7 an insurance company pays a portion of the reimbursement described in paragraph 7#a7 to agents of the company as a commission1 in an amount that is not less than #ae percent of the aggregate amount of the premiums sold by the agent4 4 7b7 ,technical and conforming amendments ,section #acaa of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djah71 as amended by subsection 7a71 is amended-- 7#a7 in subsection 7a71 by striking ,the ,administrator and inserting ,in general4--,the ,administrator2 and 7#b7 in subsection 7c71 as so redesignated by subsection 7a7 of this section1 by striking ,for purposes of subsection 7a7 and inserting ,definitions4--,for purposes of this section4 #cjc4 ,third-party service provider costs2 transparency 7a7 ,in general ,section #ajjbbd7;d7 of the ,biggert-,waters ,flood ,insurance ,reform ,act of #bjab 7#db ,u4,s4,c4 #djha note7 is amended-- 7#a7 by striking ,not later than #ab months after the date of enactment of this ,act1 the ,administrator and inserting the following3 7#a7 ,in general ,the ,administrator 2 and 7#b7 by adding at the end the following3 7#b7 ,vendor costs2 transparency ,in issuing the rule under paragraph 7#a71 the ,administrator shall-- 7,a7 develop a schedule to determine the actual costs of ,write ,your ,own third-party service providers1 including claims adjusters and engineering companies2 7,b7 provide that if a ,write ,your ,own company requests reimbursement for the costs of a service or product provided to the company by a vendor1 the ,administrator only reimburses the company for the actual costs of the service or products2 and 7,c7 require that all reimbursements to ,write ,your ,own companies be made public1 including a description of the product or service provided to which the reimbursement pertains4 4 7b7 ,deadline for revised rule ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall issue a revised rule under section #ajjbbd7;d7 of the ,biggert-,waters ,flood ,insurance ,reform ,act of #bjab 7#db ,u4,s4,c4 #djha note71 as amended by subsection 7a74 #cjd4 ,availability of ,,nfip claims data 7a7 ,study required 7#a7 ,in general ,the ,administrator shall study the feasibility of selling or licensing the use of historical structure-specific ,national ,flood ,insurance ,program claims data 7referred to in this section as covered claims data7 to nongovernmental entities4 7#b7 ,contents ,in conducting the study required under paragraph 7#a71 the ,administrator shall1 at a minimum-- 7,a7 investigate #a or more methods of providing the most specific covered claims data possible while reasonably protecting policyholder privacy2 7,b7 review existing means1 as of the date of enactment of this ,act1 by which the ,federal ,government and nongovernmental entities provide leases or licenses to private persons1 and the various regulations1 terms1 conditions1 and guidance employed2 7,c7 identify potential uses for covered claims data and any known risks concerning those uses1 including the risk that private insurance companies will use the data to issue flood insurance policies with respect to properties that have the lowest level of flood risk1 which would require the ,national ,flood ,insurance ,program to issue those policies with respect to properties with higher levels of flood risk2 7,d7 identify mechanisms for determining the likely market value for access to covered claims data2 7,e7 consider whether selling or licensing the use of covered claims data1 as described in paragraph 7#a71 would be in compliance with section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd72 7,f7 review the costs of researching1 developing1 and producing previous releases of covered claims data and identify if releasing this data has benefitted the ,national ,flood ,insurance ,program in a tangible way that benefits policyholders2 and 7,g7 recommend actions the ,administrator could take1 if any1 to prevent unintended consequences associated with the sale or licensing for private insurance purposes covered claims data4 7b7 ,report by ,administrator ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,financial ,services of the ,house of ,representatives a report that contains the results and conclusions of the study conducted under subsection 7a71 which shall include an analysis of any recommendations made by the study4 #cje4 ,refusal of mitigation assistance ,section #acff of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #dajd;c7 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 in the first sentence1 by inserting and1 with respect to financial assistance described in paragraph 7#b71 using amounts made available from the ,disaster ,relief ,fund in accordance with section #bjc7n7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc7n77 after section #acfg2 7#b7 by redesignating subsection 7h7 as subsection 7i72 and 7#c7 by inserting after subsection 7g7 the following3 7h7 ,refusal of assistance 7#a7 ,definition ,in this subsection1 the term bona fide offer of assistance means an offer of assistance made by the ,administrator to a policyholder under the national flood insurance program that-- 7,a7 relates to mitigation activities with respect to the structure insured under that program2 7,b7 covers #ajj percent of the cost of the mitigation activities described in subparagraph 7,a72 7,c7 permits the policyholder to continue to live in the structure to which the policy relates2 and 7,d7 is carried out under a mitigation plan4 7#b7 ,penalty ,if1 after the date of enactment of the ,national ,flood ,insurance ,program ,reauthorization and ,reform ,act of #bjba1 a policyholder under the national flood insurance program refuses a bona fide offer of assistance with respect to the property so insured1 the ,administrator shall1 notwithstanding any other provision of this title1 increase the chargeable risk premium rate for flood insurance under this title for the property by #be percent each year until-- 7,a7 the policyholder accepts the bona fide offer of assistance2 or 7,b7 that chargeable risk premium rate is actuarially sound4 4 #cjf4 ,multiple structure mitigation ,section #acjh;,a7a7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djae;a7a77 is amended-- 7#a7 in the first sentence1 by striking ,the ,administrator and inserting the following3 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,administrator 2 and 7#b7 by adding at the end the following3 7#b7 ,relief for small businesses and nonprofits 7,a7 ,definition ,in this paragraph1 the term covered small business or nonprofit organization means a small business concern 7as defined in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb77 or an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and is exempt from taxation under section #eja7;a7 of such ,code that owns not fewer than #c structures that are located on a single property4 7,b7 ,relief ,the ,administrator may not impose a surcharge under this section for a policy for flood insurance coverage under the ,national ,flood ,insurance ,program for a covered small business concern or nonprofit organization with respect to more than #b detached units or buildings located on a single property if the covered small business or nonprofit organization certifies to the ,administrator that the savings from the surcharge not being imposed shall be used for flood mitigation on the property on which the units or buildings are located4 7,c7 ,rules ,not later than #a year after the date of enactment of this paragraph1 the ,administrator shall issue rules establishing the process for submitting a certification described in subparagraph 7,b74 4 ,,iv ,policyholder protection and fairness #dja4 ,earth movement fix and engineer standards 7a7 ,rebuttable presumption for foundation and structural damage 7#a7 ,in general ,section #acab of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djai71 as amended by section #ajf7;b71 is amended by adding at the end the following3 7e7 ,rebuttable presumption for foundation and structural damage 7#a7 ,in general ,for the purposes of the ,administrator determining coverage under the standard flood insurance policy under the national flood insurance program1 a rebuttable presumption that physical damage to the foundation of1 or structural damage to1 a structure was not caused by earth movement shall apply if-- 7,a7 flood caused direct physical change to the structure2 and 7,b7 there is damage to the foundation of1 or structural damage to1 the structure that was not present before the flood1 as demonstrated by a certification from the policyholder4 7#b7 ,rebuttal ,in determining coverage as a result of the rebuttable presumption under paragraph 7#a71 an insurance company may rebut the presumption only by providing the ,administrator with an engineering report that-- 7,a7 meets standards issued by the ,administrator under paragraph 7#c72 and 7,b7 clearly demonstrates that the physical damage to the foundation of1 or structural damage to1 a structure described in paragraph 7#a7 was caused directly by earth movement that was not-- 7i7 caused by the horizontal pressure from standing or slow-moving floodwater 7commonly known as hydrostatic pressure72 7ii7 caused by the force of floodwater that causes the vertical uplift from the underside of a horizontal foundation component1 such as a concrete slab1 footer1 or structural floor assembly 7commonly known as buoyancy72 7iii7 caused by pressure imposed on an object1 such as a wall of a building1 by high-velocity floodwater or waves flowing against and around the building 7commonly known as hydrodynamic force72 7iv7 caused by floodwater moving along the surface of the ground causing soil to suddenly erode or undermine1 resulting in failure of a foundation or to one of the structural components of the foundation 7commonly known as scouring72 or 7v7 otherwise caused by flood4 7#c7 ,minimum standards for engineering reports ,the ,administrator shall issue minimum standards-- 7,a7 regarding the form and content of engineering reports used to assist insurance claims adjusters with respect to carrying out this subsection2 and 7,b7 that-- 7i7 include a requirement that any such engineering report shall be signed and have a seal affixed by an engineer who is licensed in the ,state in which the property to which the claim relates is located2 and 7ii7 are consistent with generally accepted practices in-- 7,i7 the field of forensic engineering2 and 7,,ii7 the insurance industry4 7#d7 ,documentation of condition of foundation 7,a7 ,in general ,if the holder of a policy for flood insurance coverage made available under this title documents the condition of the foundation of a structure covered by the policy with a photograph1 video recording1 or otherwise1 and submits the documentation to the ,administrator or the ,write ,your ,own ,company that sold the policy1 as applicable1 the ,administrator or ,write ,your ,own ,company1 respectively1 shall keep the documentation and use the documentation when adjusting a claim that arises under the policy4 7,b7 ,notice to policyholders ,the ,administrator shall notify a policyholder1 when the policyholder purchases or renews a flood insurance policy sold under this title1 that the policyholder may document the condition of the foundation of a structure covered by the policy in accordance with subparagraph 7,a74 7#e7 ,rule of construction ,nothing in this subsection may be construed to modify the terms and conditions of the standard flood insurance policy4 4 7#b7 ,application ,the amendment made by paragraph 7#a7 shall apply with respect to a claim with a date of loss that is on or after the date that is #ij days after the date of enactment of this ,act4 7b7 ,regulations ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall issue the standards required under subsection 7e77#c7 of section #acab of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djai71 as added by subsection 7a77#a74 #djb4 ,coverage of pre-,,firm condominium basements and study on street raising 7a7 ,basement clarification 7#a7 ,in general ,section #acje of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djab7 is amended by adding at the end the following3 7e7 ,availability of insurance for pre-,,firm condominium basements 7#a7 ,definition ,in this subsection1 the term pre-,,firm condominium building means a condominium building that was not constructed or substantially improved after the later of-- 7,a7 ,december #ca1 #aigd2 or 7,b7 the effective date of the initial flood insurance rate map published by the ,administrator under section #acfj for the area in which the building is located4 7#b7 ,coverage ,the ,administrator shall offer an optional rider to a contract for flood insurance made available under this title that covers the basement of a pre-,,firm condominium building that serves as a separate residential unit within that condominium building4 4 7#b7 ,amendments to regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall make any amendments to the regulations of the ,federal ,emergency ,management ,agency that are necessary as a result of the amendment made by paragraph 7#a74 7b7 ,study on consequences of street-,raising 7#a7 ,definition ,in this subsection1 the term affected property means a property containing an area-- 7,a7 the floor of which was located at or above grade before the community raised the street adjacent to the property2 and 7,b7 after the street-raising described in subparagraph 7,a71 that was designated as a basement because of the street-raising4 7#b7 ,study2 report ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall study and submit to ,congress a report on the consequences of street-raising on flood insurance coverage for an affected property under the ,national ,flood ,insurance ,program1 including the cost implications for the property owner4 #djc4 ,guidance on remediation and policyholder duties 7a7 ,in general ,section #acab of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djai71 as amended by section #dja7;a77#a71 is amended by adding at the end the following3 7f7 ,guidance on mold remediation 7#a7 ,in general ,the ,administrator shall issue guidance relating to the identification of reasonable actions that a policyholder of coverage for flood insurance made available under this title may take to inspect and maintain the property to which that coverage applies-- 7,a7 after a flood recedes2 and 7,b7 in order to avoid damage to the property that is caused by mold1 mildew1 moisture1 or water4 7#b7 ,considerations ,in developing guidance under paragraph 7#a71 the ,administrator shall consider-- 7,a7 any applicable laws and regulations2 7,b7 the terms and conditions of the standard flood insurance policy2 7,c7 technical best practices2 7,d7 the costs of remediation in relation to the condition of a property described in that paragraph2 and 7,e7 the actions that the ,administrator may reasonably expect a policyholder described in that paragraph to take1 given the likely challenges faced by the policyholder after a flood4 7#c7 ,regular review ,the ,administrator shall-- 7,a7 regularly review the guidance issued under paragraph 7#a72 and 7,b7 revise the guidance issued under paragraph 7#a7 as the ,administrator determines appropriate4 7#d7 ,annual distribution ,the ,administrator shall provide a copy of the guidance issued under paragraph 7#a7 to a policyholder at the time of the purchase or renewal of a flood insurance policy sold under this title4 4 7b7 ,initial issuance ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall issue the guidance required under subsection 7f7 of section #acab of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djai71 as added by subsection 7a7 of this section4 7c7 ,accessibility1 reasonableness1 and degree of damage ,section #acab of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djai71 as amended by subsection 7a71 is amended by adding at the end the following3 7g7 ,exclusion of certain damage ,for purposes of determining whether damage caused by mold1 mildew1 moisture1 or water to a property shall be excluded from coverage under the standard flood insurance policy-- 7#a7 subject to paragraph 7#b71 only the degree of damage caused by mold1 mildew1 moisture1 or water that could have been avoided through inspection and maintenance may be excluded from that coverage2 and 7#b7 the condition of the property to which the damage relates may not be considered to be attributable to the policyholder with respect to the property1 including any failure by the policyholder to inspect and maintain the property after a flood recedes1 if-- 7,a7 the policyholder was denied access to the property after the flood receded because of-- 7i7 a lawful government order2 7ii7 a determination by local authorities that the property-- 7,i7 is unsafe or unstable2 or 7,,ii7 shall be condemned2 or 7iii7 otherwise unsafe conditions2 7,b7 a reasonable individual exercising reasonable judgment could not be expected to inspect1 maintain1 or mitigate the damage to the property under the circumstances2 or 7,c7 the policyholder faced particular challenges1 including-- 7i7 practical or financial difficulty in inspecting or maintaining the property2 7ii7 the need to address other more immediate priorities1 including-- 7,i7 the health and well-being of the policyholder and the family of the policyholder2 7,,ii7 the preservation of basic items2 7,,iii7 displacement2 and 7,,iv7 other issues that make inspection and maintenance of the property a near-term challenge for the policyholder2 and 7iii7 the unavailability of contractors or other individuals to perform any required inspection and maintenance4 4 #djd4 ,appeal of decisions relating to flood insurance coverage 7a7 ,enhanced policyholder appeals process 7#a7 ,in general ,part ,c of chapter ,,ii of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djha et seq47 is amended by adding at the end the following3 #acdi4 ,appeal of decisions relating to flood insurance coverage 7a7 ,definition ,in this section1 the term ,office1 except as otherwise specified1 means the ,independent ,office for ,policyholder ,appeals established under subsection 7b74 7b7 ,independent ,office for ,policyholder ,appeals ,not later than #ahj days after the date of enactment of this section1 the ,administrator shall establish an ,independent ,office for ,policyholder ,appeals to provide for a non-adversarial and fair administrative review of appeals submitted under subsection 7c77#a74 7c7 ,appeals process 7#a7 ,right to appeal ,a policyholder of a flood insurance policy issued under the ,national ,flood ,insurance ,program may appeal the denial of a claim arising under the policy in writing to the ,office not later than #a year after receipt of the denial4 7#b7 ,exhaustion of administrative appeals required before filing civil action ,a policyholder of a flood insurance policy issued under the ,national ,flood ,insurance ,program may not institute an action on a denied claim arising under the policy against the ,administrator in a ,united ,states district court under section #accc or #acda1 as applicable1 unless the policyholder has exhausted the appeals process under this section4 7d7 ,duties and responsibilities ,in administering appeals submitted under subsection 7c77#a71 the ,office shall-- 7#a7 issue final appeal decisions through an appeal process established by the ,office2 7#b7 disseminate information to appellants concerning the information that an appellant may include in the appeal submissions2 7#c7 provide an appellant with an opportunity to discuss any issue on appeal with a claims expert in the ,office2 7#d7 provide aggregated appeals data to the ,office of the ,flood ,insurance ,advocate for use in fulfilling the duties and responsibilities of that office under section #bd7;b7 of the ,homeowner ,flood ,insurance ,affordability ,act of #bjad 7#db ,u4,s4,c4 #djcc7;b772 and 7#e7 publish final appeal decisions to a public-facing website-- 7,a7 to inform the public2 and 7,b7 for awareness to support transparency and training for ,write ,your ,own ,companies and contractors of the ,federal ,emergency ,management ,agency4 7e7 ,regulations 7#a7 ,in general ,for purposes of implementing the appeals process under this section1 the ,administrator may promulgate new regulations or use regulations that were in effect on the date of enactment of this section1 except that-- 7,a7 the ,administrator may not declare any appeal ineligible if the policyholder submits the appeal to the ,office not later than #a year after the date on which the policyholder receives the denial of the applicable claim1 as required under subsection 7c77#a72 7,b7 upon receiving all information necessary to complete an appeal1 the ,office shall notify the appellant that the ,office will make a final decision not later than #ij days after receipt of that information2 and 7,c7 not later than #ij days after receipt of all information necessary to complete an appeal1 the ,office shall make a final decision on the appeal4 7#b7 ,enforcement of final decision deadline ,if the ,office does not comply with the deadline under paragraph 7#a77;,c7 with respect to an appeal1 and the policyholder that brought the appeal is ultimately successful1 the ,administrator shall pay to the policyholder interest on the claim that is the subject of the appeal1 which shall-- 7,a7 begin accruing on the date on which the policyholder submits the appeal2 and 7,b7 be calculated using the rate of return on a #c-year ,treasury bill1 as in effect on the date described in subparagraph 7,a74 7#c7 ,all information necessary ,for purposes of paragraph 7#a71 the term all information necessary includes information obtained from a physical reinspection of the property or from an expert report1 if that information is needed in order to complete the review of the appeal4 7#d7 ,liability protection ,no cause of action shall lie or be maintained in any court against the ,united ,states1 and any such action shall be promptly dismissed1 for violation of the notification requirement under paragraph 7#a77;,b74 4 7#b7 ,effective date for new appeals process ,subsection 7c7 of section #acdi of the ,national ,flood ,insurance ,act of #aifh1 as added by paragraph 7#a71 shall take effect on the date that is #ahj days after the date of enactment of this ,act4 7b7 ,repeal and transfer 7#a7 ,in general ,effective on the date that is #ahj days after the date of enactment of this ,act1 section #bje of the ,bunning-,bereuter-,blumenauer ,flood ,insurance ,reform ,act of #bjjd 7#db ,u4,s4,c4 #djaa note2 ,public ,law #ajh-bfd7 is repealed1 and any appeals that were pending before the ,administrator under that section on the day before that effective date shall be transferred to the ,independent ,office for ,policyholder ,appeals established under section #acdi of the ,national ,flood ,insurance ,act of #aifh 7as added by subsection 7a77 for disposition under such section #acdi4 7#b7 ,technical and conforming amendments 7,a7 ,table of contents ,the table of contents for the ,bunning-,bereuter-,blumenauer ,flood ,insurance ,reform ,act of #bjjd 7,public ,law #ajh-bfd2 #aah ,stat4 #gab7 is amended by striking the item relating to section #bje4 7,b7 ,other amendment ,section #bjd7;a77#c7 of the ,bunning-,bereuter-,blumenauer ,flood ,insurance ,reform ,act of #bjjd 7#db ,u4,s4,c4 #djaa note2 ,public ,law #ajh-bfd7 is amended by striking section #bje and inserting section #acdi of the ,national ,flood ,insurance ,act of #aifh4 7c7 ,judicial review reform 7#a7 ,government ,program ,with ,industry ,assistance ,section #acda of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djgb7 is amended-- 7,a7 by striking ,in the event the program and inserting the following3 7a7 ,in general ,if the program 2 7,b7 in subsection 7a71 as so designated-- 7i7 by inserting or the ,administrator's fiscal agent after upon the disallowance by the ,administrator2 7ii7 by striking within one year after the date of mailing of notice of disallowance or partial disallowance by the ,administrator1 may institute an action against the ,administrator on such claim and inserting not later than #a year after exhausting available administrative remedies1 may institute an action against the insurer on such claim2 and 7,c7 by adding at the end the following3 7b7 ,exhaustion of administrative remedies ,for the purposes of subsection 7a71 a claimant exhausts available administrative remedies if-- 7#a7 the claimant submits an appeal and complies with all requirements of the appeal process established under section #acdi and other applicable requirements2 and 7#b7 the ,administrator-- 7,a7 issues a final decision on the appeal that partially or fully concurs with the insurer's disallowance or partial disallowance of the claim2 or 7,b7 the ,administrator makes no finding regarding the appeal by the date that is #ij days after the date on which the ,administrator acknowledges receipt and acceptance of the appeal4 7c7 ,limitations 7#a7 ,issues raised on appeal ,an action may not be instituted under this section for any issue of a claim that was not presented to the ,administrator on appeal4 7#b7 ,weight of ,administrator's disposition ,for purposes of this section1 disposition of an appeal by the ,administrator shall not be competent evidence of liability or the amount of damages4 4 7#b7 ,industry program with ,federal financial assistance ,section #accc of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djec7 is amended-- 7,a7 by striking ,the insurance companies and other insurers and inserting the following3 7a7 ,in general ,the insurance companies and other insurers 2 7,b7 in subsection 7a71 as so designated1 by striking within one year after the date of mailing of notice of disallowance or partial disallowance of the claim1 may institute an action on such claim against such company or other insurer and inserting not later than #a year after exhausting available administrative remedies1 may institute an action on the claim against the company or other insurer2 and 7,c7 by adding at the end the following3 7b7 ,exhaustion of administrative remedies ,for the purposes of subsection 7a71 a claimant exhausts available administrative remedies if-- 7#a7 the claimant submits an appeal and complies with all requirements of the appeal process established under section #acdi and other applicable requirements2 and 7#b7 the ,administrator-- 7,a7 issues a final decision on the appeal that partially or fully concurs with the insurer's disallowance or partial disallowance of the claim2 or 7,b7 the ,administrator makes no finding regarding the appeal by the date that is #ij days after the date on which the ,administrator acknowledges receipt and acceptance of the appeal4 7c7 ,limitations 7#a7 ,issues raised on appeal ,an action may not be instituted under this section for any issue of a claim that was not presented to the ,administrator on appeal4 7#b7 ,weight of ,administrator's disposition ,for purposes of this section1 disposition of an appeal by the ,administrator shall not be competent evidence of liability or the amount of damages4 4 #dje4 ,accountability for underpayments and overpayments by ,write ,your ,own companies ,section #acdh of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djhd7 is amended by adding at the end the following3 7c7 ,underpayments and overpayments 7#a7 ,accountability for underpayments ,if the ,administrator determines through any audit that the pool or an insurance company or other private organization described in subsection 7a7 has not adjusted a claim in accordance with adjusting standards that are in effect as of the date on which the adjustment is performed and1 as a result of that failure1 has underpaid or overpaid a claim of a policyholder1 the penalty imposed by the ,administrator with respect to such a failure may not be less for an overpayment of a claim than for an underpayment of a claim4 7#b7 ,safe harbor for certain overpayments ,the ,administrator may not impose a penalty on the pool or an insurance company or other private organization described in subsection 7a7 for overpayment of a claim of a policyholder for reasons described in paragraph 7#a7 of this subsection if-- 7,a7 the overpayment was not in bad faith2 and 7,b7 the amount of the overpayment was not more than #d percent of the coverage limit of the policy4 7d7 ,,gao report ,not later than #b years after the date of enactment of this subsection1 and triennially thereafter1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,financial ,services of the ,house of ,representatives a report regarding any penalties imposed by the ,administrator under subsection 7c77#a74 4 #djf4 ,policyholders' right to know 7a7 ,use ,section #acab of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djai71 as amended by section #djc7;c71 is amended by adding at the end the following3 7h7 ,use of technical assistance reports ,when adjusting claims for any damage to or loss of property that is covered by flood insurance made available under this title1 the ,administrator may rely upon technical assistance reports1 as defined in section #acab;,a7a71 only if the reports are final and are prepared in compliance with applicable ,state and ,federal laws regarding professional licensure and conduct4 4 7b7 ,disclosure ,chapter ,i of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djaa et seq47 is amended by inserting after section #acab 7#db ,u4,s4,c4 #djai7 the following3 #acab;,a4 ,disclosure of claims documents and technical assistance reports 7a7 ,definitions ,in this section-- 7#a7 the term policyholder means any person listed as a named or additional insured on the declarations page of a policy for flood insurance coverage made available under this title2 and 7#b7 the term technical assistance report means a report created for the purpose of furnishing technical assistance to an insurance claims adjuster assigned under the national flood insurance program1 including any report created by an engineer1 a surveyor1 a salvor1 an architect1 or a certified public accountant4 7b7 ,provision of copies 7#a7 ,in general ,notwithstanding section #eeb;a of title #e1 ,united ,states ,code1 not later than #a week after the date on which the ,administrator receives a written request1 or a request submitted online1 from a policyholder1 and with respect to a claim for loss submitted by the policyholder for any damage to or loss of property that is covered by the policy1 the ,administrator shall provide a true1 complete1 and unredacted copy of-- 7,a7 all documents that constitute the claim file of the insurance company with respect to the claim1 in accordance with the memorandum issued by the ,administrator on ,june #a1 #bjah1 entitled ,guidance for the ,release of ,claim ,file ,information to ,policyholders 7,,wyo ,bulletin ,w-#ahjab7 7or any successor document72 7,b7 any document created by any adjuster in scoping the loss1 including measurements1 photographs1 and notes2 7,c7 any estimates of damages with respect to the claim2 7,d7 any draft and final technical assistance report relating to adjusting and paying or denying the claim2 7,e7 any proof of loss1 supplemental proofs of loss1 or any equivalent notices1 together with supporting documentation1 with respect to the claim2 and 7,f7 any document relating to the denial or partial denial of the claim4 7#b7 ,rule of construction ,nothing in paragraph 7#a7 may be construed to limit the right of a policyholder to receive a disclosure under section #eeb;a of title #e1 ,united ,states ,code1 or any other provision of law4 7c7 ,direct disclosure by ,write ,your ,own companies and direct servicing agents 7#a7 ,in general ,a ,write ,your ,own ,company or direct servicing agent in possession of any technical assistance report that is subject to disclosure under subsection 7b7 may disclose such technical assistance report without further review or approval by the ,administrator4 7#b7 ,affirmative notification ,a ,write ,your ,own ,company1 or any other entity servicing a claim under the national flood insurance program1 shall1 not later than #cj days after the date on which the company or entity receives notice of a claim1 notify the claimant that the claimant or an authorized representative of the claimant may obtain1 upon request1 a copy of any claim-related document described in subsection 7b77#a7 that pertains to the claimant4 4 7c7 ,transmission of report without approval 7#a7 ,definition ,in this subsection1 the term final engineering report means an engineering report1 survey1 or other document in connection with a claim for losses covered by a policy for flood insurance coverage made available under the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djja et seq47 that-- 7,a7 is based on an on-site inspection2 7,b7 contains final conclusions with respect to an engineering issue or issues involved in the claim2 and 7,c7 is signed by the responsible in charge or affixed with the seal of the responsible in charge1 or both4 7#b7 ,transmission ,a ,write ,your ,own ,company or a ,national ,flood ,insurance ,program direct servicer may1 without obtaining further review or approval by the ,administrator1 transmit to a policyholder a final engineering report in the possession of the ,write ,your ,own ,company or the direct servicer in connection with a claim submitted by the policyholder4 #djg4 ,exclusion of service providers from participation in the ,national ,flood ,insurance ,program ,part ,c of chapter ,,ii of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djha et seq471 as amended by section #djd1 is amended by adding at the end the following3 #acej4 ,exclusion of certain service providers from participation in the ,national ,flood ,insurance ,program 7a7 ,definitions ,in this section3 7#a7 ,excluded service provider ,the term excluded service provider means a service provider that is excluded by the ,administrator under this section from participation in the ,national ,flood ,insurance ,program4 7#b7 ,service provider ,the term service provider means any attorney1 accountant1 appraiser1 adjuster1 engineer1 or other individual or entity that directly or indirectly provides1 has provided1 or is likely to provide services to the ,national ,flood ,insurance ,program4 7#c7 ,should know ,the term should know-- 7,a7 means that a person1 with respect to information1 acts in deliberate ignorance of1 or in reckless disregard of1 the truth or falsity of the information2 and 7,b7 does not require specific intent to defraud4 7b7 ,effect of exclusion 7#a7 ,prohibition on making payments to excluded service providers ,the ,administrator may not make any payment or reimbursement for any service furnished under this title by a service provider excluded under this section during the period of exclusion4 7#b7 ,prohibition on entering into new contracts or agreements ,the ,administrator may not enter into or extend any contract or agreement under this title with a service provider excluded under this section during the period of exclusion4 7#c7 ,exception ,the ,administrator may waive the applicability of paragraph 7#a7 or 7#b7 to a particular transaction upon making a written determination that the waiver is essential for the operation of the ,national ,flood ,insurance ,program4 7c7 ,causes for exclusion ,the ,administrator may exclude from participation in the ,national ,flood ,insurance ,program a service provider-- 7#a7 that is criminally convicted or found civilly liable 7as applicable7 for-- 7,a7 any act in connection with obtaining1 attempting to obtain1 or performing a contract or subcontract for the ,national ,flood ,insurance ,program2 7,b7 fraud1 embezzlement1 theft1 forgery1 bribery1 falsification or destruction of records1 making false statements1 tax evasion1 violating ,federal tax laws1 or receiving stolen property2 7,c7 an act relating to fraud1 corruption1 breach of fiduciary responsibility1 or other financial misconduct in connection with the business of insurance2 7,d7 any other act indicating a lack of business integrity or business honesty that seriously and directly affects the responsibility of a service provider to provide services to the ,national ,flood ,insurance ,program2 or 7,e7 attempting1 soliciting1 or conspiring to commit an act described in subparagraphs 7,a7 through 7,d72 7#b7 that is1 at the time of the exclusion under this subsection1 debarred1 suspended1 or otherwise excluded from any procurement or nonprocurement activity 7within the meaning of section #bdee of the ,federal ,acquisition ,streamlining ,act of #aiid 7#ca ,u4,s4,c4 #faja note2 ,public ,law #ajc-cee772 7#c7 whose license to provide professional services has been revoked1 suspended1 restricted1 or not renewed1 by a ,state licensing authority for reasons relating to the provider's professional competence1 professional performance1 or financial integrity2 7#d7 that surrendered a license described in paragraph 7#c7 while a formal disciplinary proceeding was pending before a ,state licensing authority1 if the proceeding concerned the provider's professional competence1 professional performance1 or financial integrity2 7#e7 that has provided professional services to the ,national ,flood ,insurance ,program-- 7,a7 at a price or rate substantially higher than the provider's customary charge for such services2 7,b7 in a manner that substantially exceeds the needs of the ,national ,flood ,insurance ,program2 or 7,c7 that are of a quality that fails to meet professionally recognized standards for those services2 7#f7 that has violated the terms of a contract or agreement related to the ,national ,flood ,insurance ,program to an extent so serious as to justify exclusion under this subsection1 such as-- 7,a7 willful failure to perform in accordance with the terms of a contract or agreement related to the ,national ,flood ,insurance ,program2 or 7,b7 a history of failure to perform1 or of unsatisfactory performance of1 a contract or agreement related to the ,national ,flood ,insurance ,program2 7#g7 that has engaged in conduct detrimental to the ,national ,flood ,insurance ,program so serious or compelling in nature that it affects the responsibility of the service provider to provide services to the ,national ,flood ,insurance ,program2 or 7#h7 that1 in the case of an attorney1 has committed an act subject to disbarment under paragraph 7#a71 regardless of criminal or civil findings of liability4 7d7 ,exclusion of affiliates ,the ,administrator may exclude from participation in the ,national ,flood ,insurance ,program a service provider that-- 7#a7 is an entity directly or indirectly owned1 or with a control interest of #e percent or more held1 by an individual or entity excluded from participation under this section2 or 7#b7 7,a7 directly or indirectly owns1 has a control interest in1 or is an officer or managing employee of an entity excluded under this section2 and 7,b7 knows or should know of the action constituting the basis for the entity's exclusion4 7e7 ,notice and decision-,making 7#a7 ,notice of proposal to exclude ,before excluding a service provider under this section1 the ,administrator shall issue a notice of proposed exclusion to the service provider1 by certified mail1 return receipt requested1 that states-- 7,a7 that the exclusion is being considered2 7,b7 the reasons for the proposed exclusion in terms sufficient to put the service provider on notice of the conduct or transaction upon which it is based2 7,c7 the cause relied upon under subsection 7c7 for proposing exclusion2 7,d7 that1 not later than #cj days after receipt of the notice1 the service provider may submit1 in person1 in writing1 or through a representative1 information and argument in opposition to the proposed exclusion1 including any additional specific information that raises a genuine dispute over the material facts2 7,e7 the ,administrator's procedures governing exclusion decision-making2 7,f7 the effect of the issuance of the notice of proposed exclusion2 and 7,g7 the potential effect of an actual exclusion4 7#b7 ,administrator's decision to exclude 7,a7 ,exclusion based on conviction or judgment or without dispute over material facts 7i7 ,in general ,in the case of a proposed exclusion under this section based on a criminal conviction or civil judgment1 or in which there is no genuine dispute over material facts1 the ,administrator shall make an exclusion decision on the basis of all the information in the administrative record1 including any submission made by the service provider4 7ii7 ,timing ,the ,administrator shall make a decision under clause 7i7 not later than-- 7,i7 #cj days after receipt of any information and argument submitted by the service provider in opposition to the proposed exclusion1 unless the ,administrator extends that period for good cause2 or 7,,ii7 if the service provider does not submit any information or argument in opposition to the proposed exclusion1 #fj days after the date on which the ,administrator issues the notice of proposed exclusion under paragraph 7#a71 unless the ,administrator extends that period for good cause4 7,b7 ,exclusion proceedings involving dispute of material fact 7i7 ,written findings of fact ,in the case of a proposed exclusion under this section in which additional proceedings are necessary to resolve disputed material facts1 the ,administrator shall prepare written findings of fact4 7ii7 ,basis for factual findings ,the ,administrator shall base a determination under clause 7i7 on the facts as found1 together with any information and argument submitted by the service provider and any other information in the administrative record4 7iii7 ,referral to administrative law judge ,the ,administrator-- 7,i7 may refer a matter involving disputed material facts to an administrative law judge for findings of fact2 and 7,,ii7 may reject any findings of fact made under subclause 7,i71 in whole or in part1 only after specifically determining them to be arbitrary and capricious or clearly erroneous4 7iv7 ,conclusion of proceedings ,the ,administrator shall make a decision regarding a proposed exclusion under this subparagraph after the conclusion of the proceedings with respect to disputed facts4 7,c7 ,burden of proof ,in the case of any proposed exclusion under this section that is not based on a criminal conviction or civil judgment1 the cause for exclusion shall be established by a preponderance of the evidence4 7#c7 ,notice of exclusion decision 7,a7 ,notice of exclusion ,if the ,administrator decides to exclude a service provider from participation in the ,national ,flood ,insurance ,program under this section1 the ,administrator shall provide the service provider prompt notice by certified mail1 return receipt requested-- 7i7 referring to the notice of proposed exclusion2 7ii7 specifying the reasons for exclusion2 and 7iii7 stating the period of exclusion1 including effective dates4 7,b7 ,notice of no exclusion ,if the ,administrator decides not to exclude a service provider from participation in the ,national ,flood ,insurance ,program under this section1 the ,administrator shall promptly notify the service provider1 by certified mail1 return receipt requested4 7f7 ,considerations when making exclusion determination ,a determination relating to the appropriateness of excluding a service provider under this section or the length of such an exclusion is committed to the ,administrator's sole discretion1 but in making such a determination1 the ,administrator shall consider-- 7#a7 the nature of any services involved and the circumstances under which they were provided2 7#b7 the degree of culpability and history of prior offenses or improper conduct of the service provider involved2 and 7#c7 such other matters as justice may require4 7g7 ,notification to licensing agencies of exclusion ,the ,administrator shall-- 7#a7 promptly notify the appropriate agency or authority having responsibility for the licensing or certification of a service provider excluded under this section of the fact of the exclusion1 as well as the reasons for the exclusion2 7#b7 request that appropriate investigations be made and sanctions invoked in accordance with applicable law and policy2 and 7#c7 request that the agency or authority keep the ,administrator fully and currently informed with respect to any actions taken in response to the request4 7h7 ,construction 7#a7 ,determination of conviction 7,a7 ,in general ,for the purposes of this section1 an individual or entity shall be considered to have been convicted of a criminal offense if-- 7i7 a judgment of conviction for the offense has been entered against the individual or entity by a ,federal1 ,state1 or local court2 7ii7 there has been a finding of guilt against the individual or entity by a ,federal1 ,state1 or local court with respect to the offense2 7iii7 a plea of guilty or nolo contendere by the individual or entity has been accepted by a ,federal1 ,state1 or local court with respect to the offense2 or 7iv7 the case of an individual1 the individual has entered a first offender or other program pursuant to which a judgment of conviction for the offense has been withheld4 7,b7 ,effect of appeal or request for relief ,a determination of conviction under subparagraph 7,a7 shall be made without regard to the pendency or outcome of any appeal 7other than a judgment of acquittal based on innocence7 or request for relief on behalf of the individual or entity4 7#b7 ,application of other proceedings ,this section shall not be construed to limit or supersede any other ,federal or ,state criminal or civil action or ,federal suspension or debarment proceeding4 4 #djh4 ,deadline for claim processing 7a7 ,in general ,section #acab of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djai71 as amended by section #djf7;a71 is amended by adding at the end the following3 7i7 ,deadline for approval of claims 7#a7 ,in general ,the ,administrator shall provide that1 in the case of a claim for damage to or loss of property that is covered by a policy for flood insurance made available under this title-- 7,a7 except as provided in paragraph 7#b71 not later than #fj days after the date on which a proof of loss or comparable submission is provided to the ,administrator-- 7i7 an initial determination regarding approval of the claim for payment or disapproval of the claim shall be made2 and 7ii7 notification of the determination described in clause 7i7 shall be provided to the policyholder making the claim2 and 7,b7 payment of an approved claim shall be made as soon as possible after that approval4 7#b7 ,extension of deadline ,the ,administrator shall-- 7,a7 provide that the period described in paragraph 7#a77;,a7 may be extended by an additional period of #cj days under extraordinary circumstances2 and 7,b7 by regulation-- 7i7 establish criteria for-- 7,i7 demonstrating the extraordinary circumstances described in subparagraph 7,a72 and 7,,ii7 determining to which claims the extraordinary circumstances described in subparagraph 7,a7 apply2 and 7ii7 provide that1 if the deadline imposed under paragraph 7#a77;,a71 as extended under subparagraph 7,a71 if applicable1 is not satisfied the amount of the claim to which the deadline relates shall be increased with interest1 which shall begin accruing on the date on which the initial claim is filed4 7#c7 ,deadline tolled during certain communication with policyholder ,the deadline under paragraph 7#a7 shall be tolled during any period during which the ,administrator or a ,write ,your ,own ,company is trying to obtain more information from a policyholder regarding a claim made by the policyholder1 or is otherwise working with a policyholder to develop such a claim4 4 7b7 ,applicability ,the amendment made by subsection 7a7 shall apply to any claim for damage to or loss of property that is covered by a policy for flood insurance made available under the ,national ,flood ,insurance ,program that is made after the date of enactment of this ,act4 #dji4 ,no manipulation of engineer reports ,section #acab of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djai71 as amended by section #djh7;a71 is amended by adding at the end the following3 7j7 ,final engineering reports 7#a7 ,definitions ,in this subsection-- 7,a7 the term covered claim means any claim for losses covered by a policy for flood insurance coverage made available under this title2 and 7,b7 the term final engineering report means an engineering report1 survey1 or other document in connection with a covered claim that-- 7i7 is based on an on-site inspection2 7ii7 contains final conclusions with respect to an engineering issue or issues involved in the claim2 and 7iii7 is signed by the responsible in charge or affixed with the seal of the responsible in charge1 or both4 7#b7 ,prohibition on manipulation and transmission to third parties ,the ,administrator shall require that1 in the case of any on-site inspection of a property by an engineer for the purpose of assessing any covered claim1 the final engineering report-- 7,a7 may not-- 7i7 include alterations by1 or at the request of1 anyone other than the person responsible for the report2 or 7ii7 be transmitted to any other person before the final engineering report is transmitted to the policyholder who submitted the covered claim2 and 7,b7 shall include a certification1 signed by the person responsible for the final engineering report1 that the final engineering report does not contain any alterations described in subparagraph 7,a74 4 #daj4 ,improved training of floodplain managers1 agents1 and adjusters 7a7 ,local floodplain managers ,each regional office of the ,federal ,emergency ,management ,agency shall-- 7#a7 provide training to local floodplain managers1 agents1 and claim adjusters in the region regarding the responsibilities and procedures of local floodplain managers with respect to conducting substantial damage and substantial improvement determinations2 7#b7 work with applicable ,state agencies to provide the training described in paragraph 7#a72 and 7#c7 verify that the individuals described in paragraph 7#a7 are completing the training described in that paragraph4 7b7 ,major disaster training ,after a flood that is declared a major disaster by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj71 the ,administrator shall1 if determined appropriate1 provide-- 7#a7 refresher training to prepare insurance claims adjusters for the unique circumstances of the major disaster2 and 7#b7 any briefings that are necessary to prepare and inform floodplain managers1 agents1 and claim adjusters regarding any atypical circumstances and issues arising from the natural disaster4 #daa4 ,flood insurance continuing education and training 7a7 ,in general ,the ,bunning-,bereuter-,blumenauer ,flood ,insurance ,reform ,act of #bjjd 7,public ,law #ajh-bfd2 #aah ,stat4 #gab7 is amended-- 7#a7 in section #bja 7#db ,u4,s4,c4 #djaa note7-- 7,a7 in paragraph 7#a71 by striking ,director of the and inserting ,administrator of the2 and 7,b7 in paragraph 7#b71 by inserting #djja after ,u4,s4,c42 and 7#b7 by striking section #bjg 7#db ,u4,s4,c4 #djaa note7 and inserting the following3 #bjg4 ,continuing education requirements for insurance agents 7a7 ,in general ,the ,director shall require each insurance agent who sells flood insurance policies under the ,program to1 once every #b years1 complete a #c-;hour continuing education course that-- 7#a7 subject to subsection 7c71 is approved by the insurance commissioner of the ,state in which the agent is a legal resident2 and 7#b7 focuses on issues with respect to the ,program4 7b7 ,failure ,to complete course ,if an insurance agent who sells flood insurance policies does not complete a continuing education course required under subsection 7a71 the agent1 until the date on which the agent completes the course in accordance with the requirements of this section1 may not-- 7#a7 sell flood insurance policies2 or 7#b7 perform any duties with respect to the ,program4 7c7 ,agents licensed in multiple ,states 7#a7 ,in general ,if an insurance agent who sells flood insurance policies is licensed to sell insurance in more than #a ,state-- 7,a7 the agent shall submit proof of completion of a continuing education course required under subsection 7a7 to the insurance commissioner of each ,state in which the agent is licensed2 and 7,b7 each insurance commissioner to whom an insurance agent submits a proof of completion under subparagraph 7,a7 may determine whether the course to which that proof of completion relates meets the minimum standards established by that insurance commissioner4 7#b7 ,effect of denial ,if an insurance commissioner of a ,state 7referred to in this paragraph as the rejecting commissioner7 determines under paragraph 7#a77;,b7 that a continuing education course taken in another ,state by an insurance agent who sells flood insurance policies does not meet the minimum standards established by the rejecting commissioner1 the insurance agent may not take any action described in paragraph 7#a7 or 7#b7 of subsection 7b7 until the agent satisfies the minimum requirements established by the rejecting commissioner4 7d7 ,rule of construction ,any reference in this section to an insurance commissioner of a ,state shall be construed as a reference to an equivalent official with respect to any ,state in which there is no official who has the title of insurance commissioner4 4 7b7 ,technical and conforming amendment ,the table of contents for the ,bunning-,bereuter-,blumenauer ,flood ,insurance ,reform ,act of #bjjd 7,public ,law #ajh-bfd2 #aah ,stat4 #gab7 is amended by striking the item relating to section #bjg and inserting the following3 ,sec4 #bjg4 ,continuing education requirements for insurance agents4 4 #dab4 ,shifting of attorney fees and other expenses ,section #acda of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djgb71 as amended by section #dje7;c71 is amended by adding at the end the following3 7d7 ,attorney fees and other expenses ,a ,write ,your ,own ,company against which an action is instituted under this subsection shall be considered an agency of the ,united ,states for the purposes of section #bdab7;d7 of title #bh1 ,united ,states ,code4 4 #dac4 ,restriction on defense of claims litigation 7a7 ,restriction on defense of claims litigation 7#a7 ,in general ,section #acde of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djha7 is amended by adding at the end the following3 7f7 ,restriction on defense of claims litigation ,the ,administrator may not enter into any contract1 agreement1 or other appropriate arrangement under subsection 7a7 that delegates the authority of the ,administrator to defend actions instituted under section #acda4 4 7#b7 ,implementation ,notwithstanding any other provision of law1 the ,administrator may implement the amendment made by paragraph 7#a7 by adopting #a or more standard endorsements to the ,standard ,flood ,insurance ,policy by publication of those standards in the ,federal ,register1 or by comparable means4 7#c7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the date that is #a year after the date of enactment of this ,act4 7#d7 ,transition ,notwithstanding the amendment made by paragraph 7#a71 in the case of an action instituted under subsection 7b7 of section #acda of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djgb71 as added by section #djg1 before the effective date under paragraph 7#c7 of this subsection1 the ,administrator may authorize a ,write ,your ,own ,company to continue to defend the action after that effective date4 7b7 ,appointment of temporary personnel 7#a7 ,in general ,section #acda of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djgb71 as amended by section #dab1 is amended by adding at the end the following3 7e7 ,appointment of temporary personnel ,the ,administrator may appoint and fix the compensation of such temporary personnel as may be necessary to support the defense of an action instituted under this section1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 4 7#b7 ,funding ,section #acaj7;d77#a7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djag7;d77#a77 is amended by inserting after losses1 the following3 including the costs associated with the hiring of temporary personnel under section #acda7;e714 #dad4 ,reforming use of proof of loss forms 7a7 ,in general ,section #acab of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djai71 as amended by section #dji1 is amended by adding at the end the following3 7k7 ,no condition of payment of undisputed claim on proof of loss 7#a7 ,in general ,notwithstanding any other provision of law1 or any term or condition of a standard flood insurance policy1 the ,administrator-- 7,a7 may not condition payment of an undisputed claim based on the submission of a proof of loss2 and 7,b7 may instead accept a report submitted by the insurance adjuster the ,administrator hires to investigate the claim1 if the report is signed by the policyholder1 unless the ,administrator determines that conditions make signature impracticable4 7#b7 ,refusal to accept amount paid ,upon the refusal of a policyholder to accept the amount paid under paragraph 7#a71 the ,administrator may require the policyholder to submit a proof of loss within a timeframe determined by the ,administrator4 4 7b7 ,guidance to defense attorneys ,the ,administrator shall issue guidance for best practices for attorneys defending actions instituted under section #accc or #acda1 as applicable1 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djec1 #djgb7 7as amended by section #djd7;c77 relating to how to respond to unintentional errors in a proof of loss submitted by a policyholder under the ,national ,flood ,insurance ,policy4 #dae4 ,agent ,advisory ,council ,part ,c of chapter ,,ii of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djha et seq471 as amended by section #djg1 is amended by adding at the end the following3 #acea4 ,agent ,advisory ,council 7a7 ,establishment ,there is established a council to be known as the ,agent ,advisory ,council 7in this section referred to as the ,council74 7b7 ,membership 7#a7 ,members ,the ,council shall consist of-- 7,a7 the ,administrator1 or the designee of the ,administrator2 and 7,b7 #aa additional members appointed by the ,administrator or the designee of the ,administrator1 of whom-- 7i7 #a shall be a member of the ,national ,association of ,insurance ,commissioners2 7ii7 #b shall be members of the ,independent ,insurance ,agents and ,brokers of ,america2 7iii7 #a shall be a member of ,united ,policyholders2 7iv7 #a shall be a representative of the ,emergency ,management ,institute of the ,federal ,emergency ,management ,agency2 7v7 #a shall be a representative of the ,office of the ,flood ,insurance ,advocate of the ,federal ,emergency ,management ,agency2 7vi7 #b shall be members of the ,national ,association of ,professional ,insurance ,agents2 7vii7 #a shall be a representative of a recognized professional association or organization representing homebuilders or land developers2 7viii7 #a shall be a representative of a recognized professional association or organization representing the real estate industry2 and 7ix7 #a of whom shall be a representative of a recognized consumer protection group4 7#b7 ,qualifications 7,a7 ,in general ,each member of the ,council shall have experience with-- 7i7 contacting policyholders under the national flood insurance program1 including with respect to applying for flood insurance and processing a claim for damage to or loss of property that is covered by flood insurance2 and 7ii7 riverine and coastal flood insurance policies4 7,b7 ,considerations ,the ,administrator shall1 to the maximum extent practicable1 ensure that the membership of the ,council has a balance of governmental and private members1 and includes geographic diversity4 7,c7 ,conflicts of interest ,a member of the ,council-- 7i7 may not1 while serving on the ,council1 be employed or retained-- 7,i7 by a ,federal ,emergency ,management ,agency contractor or consultant2 or 7,,ii7 by a nongovernmental entity that was awarded a ,federal grant during the #e-year period preceding the date on which the member was appointed to the ,council2 and 7ii7 may not have been employed by a ,federal ,emergency ,management ,agency contractor or consultant during the #e-year period preceding the date on which the member was appointed to the ,council4 7#c7 ,consultation ,in appointing a member of the ,council from an entity described in clauses 7i7 through 7viii7 of paragraph 7#a77;,b71 the ,administrator or the designee of the ,administrator1 as applicable1 shall consult with the entity4 7#d7 ,chairperson ,the members of the ,council shall elect #a member to serve as the chairperson of the ,council 7in this section referred to as the ,chairperson74 7c7 ,duties ,the ,council shall-- 7#a7 provide recommendations to the ,administrator on-- 7,a7 improving the customer experience for policyholders under the national flood insurance program2 7,b7 training insurance agents that issue flood insurance policies2 and 7,c7 improving the processing and handling of claims for damage to or loss of property that is covered by flood insurance2 and 7#b7 submit to the ,administrator an annual report that includes-- 7,a7 a description of the activities of the ,council2 and 7,b7 a summary of recommendations made by the ,council to the ,administrator4 7d7 ,compensation 7#a7 ,in general ,except as provided in paragraph 7#b71 a member of the ,council shall receive no additional compensation for serving on the ,council4 7#b7 ,travel expenses ,each member of the ,council may be allowed travel expenses1 including per diem in lieu of subsistence1 in accordance with sections #egjb and #egjc of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in performance of services for the ,council4 7e7 ,meetings and actions 7#a7 ,meetings 7,a7 ,in general ,the ,council shall meet not less frequently than twice each year at the request of the ,chairperson or a majority of the members of the ,council4 7,b7 ,initial meeting ,the ,administrator1 or a designee of the ,administrator1 shall request and coordinate the initial meeting of the ,council4 7#b7 ,action by majority vote ,the ,council may take action by a vote of the majority of the members4 7f7 ,officers ,the ,chairperson may appoint officers to assist in carrying out the duties of the ,council under subsection 7c74 7g7 ,staff ,upon the request of the ,chairperson1 the ,administrator may detail1 on a nonreimbursable basis1 personnel of the ,office of the ,flood ,insurance ,advocate of the ,federal ,emergency ,management ,agency to assist the ,council in carrying out the duties of the ,council4 7h7 ,powers ,in carrying out this section1 the ,council may hold hearings1 receive evidence and assistance1 provide information1 and conduct research as the ,council considers appropriate4 7i7 ,report to ,congress and ,,omb ,the ,administrator shall submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 the ,committee on ,financial ,services of the ,house of ,representatives1 and the ,director of the ,office of ,management and ,budget an annual report on-- 7#a7 the recommendations made by the ,council2 and 7#b7 any recommendations made by the ,council during the year covered by the report that1 as of the date on which the report is submitted1 have been deferred or not acted upon1 together with an explanatory statement with respect to those recommendations4 7j7 ,applicability of the ,federal ,advisory ,committee ,act ,section #ad of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,council4 4 #daf4 ,disclosure of flood risk information prior to transfer of property 7a7 ,in general ,chapter ,i of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djaa et seq471 as amended by section #bjg1 is amended by adding at the end the following3 #acbh4 ,disclosure of flood risk information prior to transfer of property 7a7 ,in general ,after ,september #cj1 #bjbb1 no new flood insurance coverage may be provided under this title for any real property unless an appropriate public body has imposed1 by statute or regulation1 a duty on any seller or lessor of improved real estate to provide to any purchaser or lessee 7with respect to a lease for a term that is not shorter than #cj days7 of the property a property flood hazard disclosure that the ,administrator has determined meets the requirements of subsection 7b74 7b7 ,disclosure requirements 7#a7 ,requirements for sellers ,a property flood hazard disclosure for the sale of a property shall meet the requirements of this subsection only if the disclosure-- 7,a7 is made in writing2 7,b7 discloses any actual knowledge of the seller of any-- 7i7 prior physical damage caused by flood to a structure located on the property2 7ii7 prior insurance claim for a loss covered under the national flood insurance program or private flood insurance with respect to the property2 7iii7 previous notification regarding the designation of the property as a repetitive loss structure or severe repetitive loss structure 7as defined in section #acff7;h772 and 7iv7 ,federal legal obligation to obtain and maintain flood insurance running with the property2 7,c7 discloses to the maximum extent feasible1 in a manner to be determined by the ,administrator-- 7i7 the relative flood risk associated with the property as indicated in flood hazard data maintained by the ,administrator under this title2 and 7ii7 the availability of and approximate cost of flood insurance for the property2 and 7,d7 is delivered by1 or on behalf of1 the seller to the purchaser before the purchaser becomes obligated under any contract to purchase the property4 7#b7 ,requirements for lessors ,a property flood hazard disclosure for a rental property with a lease for a term that is not shorter than #cj days shall meet the requirements of this subsection only if the disclosure-- 7,a7 is made in writing2 7,b7 discloses any actual knowledge of the lessor-- 7i7 of any ,federal legal obligation to obtain and maintain flood insurance running with the property2 7ii7 regarding any prior physical damage caused by flood with respect to the unit being leased2 and 7iii7 of the availability of coverage under this title for contents located in a structure on the property2 and 7,c7 is delivered by1 or on behalf of1 the lessor to the lessee before the lessee becomes obligated under any contract to lease the property4 7#c7 ,rule of construction ,nothing in this section may be construed as preventing a ,state from adopting disclosure requirements in addition to the requirements of this section4 4 7b7 ,availability of flood insurance coverage ,section #acje7;c7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djab7;c77 is amended-- 7#a7 in paragraph 7#a71 by striking 1 and at the end and inserting a semicolon2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 given satisfactory assurance that1 not later than ,october #a1 #bjbd1 property flood hazard disclosure requirements will have been adopted for the area 7or subdivision7 that meet the requirements of section #acbh4 4