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108th CONGRESS
2d Session
S. 2238
To amend the National Flood Insurance Act of 1968 to reduce losses to
properties for which repetitive flood insurance claim payments have
been made.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 25, 2004
Mr. Bunning (for himself, Mr. Shelby, Mr. Sarbanes, Mr. Schumer, Mrs.
Dole, and Mr. Hagel) introduced the following bill; which was read
twice and referred to the Committee on Banking, Housing, and Urban
Affairs
_______________________________________________________________________
A BILL
To amend the National Flood Insurance Act of 1968 to reduce losses to
properties for which repetitive flood insurance claim payments have
been made.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Flood Insurance
Reform Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Congressional findings.
TITLE I--AMENDMENTS TO FLOOD INSURANCE ACT OF 1968
Sec. 101. Extension of program and consolidation of authorizations.
Sec. 102. Establishment of pilot program for mitigation of severe
repetitive loss properties.
Sec. 103. Amendments to existing flood mitigation assistance program.
Sec. 104. FEMA authority to fund mitigation activities for individual
repetitive claims properties.
Sec. 105. Amendments to additional coverage for compliance with land
use and control measures.
Sec. 106. Actuarial rate properties.
Sec. 107. Geospatial digital flood hazard data.
Sec. 108. Replacement of mobile homes on original sites.
Sec. 109. Reiteration of FEMA responsibility to map mudslides.
TITLE II--MISCELLANEOUS PROVISIONS
Sec. 201. Definitions.
Sec. 202. Supplemental forms.
Sec. 203. Acknowledgement form.
Sec. 204. Flood insurance claims handbook.
Sec. 205. Appeal of decisions relating to flood insurance coverage.
Sec. 206. Study and report on use of cost compliance coverage.
Sec. 207. Minimum training and education requirements.
Sec. 208. GAO study and report.
Sec. 209. Prospective payment of flood insurance premiums.
Sec. 210. Report on changes to fee schedule or fee payment
arrangements.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) the national flood insurance program--
(A) identifies the flood risk;
(B) provides flood risk information to the public;
(C) encourages State and local governments to make
appropriate land use adjustments to constrict the
development of land which is exposed to flood damage
and minimize damage caused by flood losses; and
(D) makes flood insurance available on a nationwide
basis that would otherwise not be available, to
accelerate recovery from floods, mitigate future
losses, save lives, and reduce the personal and
national costs of flood disasters;
(2) the national flood insurance program insures
approximately 4,400,000 policyholders;
(3) approximately 48,000 properties currently insured under
the program have experienced, within a 10-year period, 2 or
more flood losses where each such loss exceeds the amount
$1,000;
(4) approximately 10,000 of these repetitive-loss
properties have experienced either 2 or 3 losses that
cumulatively exceed building value or 4 or more losses, each
exceeding $1,000;
(5) repetitive-loss properties constitute a significant
drain on the resources of the national flood insurance program,
costing about $200,000,000 annually;
(6) repetitive-loss properties comprise approximately 1
percent of currently insured properties but are expected to
account for 25 to 30 percent of claims losses;
(7) the vast majority of repetitive-loss properties were
built before local community implementation of floodplain
management standards under the program and thus are eligible
for subsidized flood insurance;
(8) while some property owners take advantage of the
program allowing subsidized flood insurance without requiring
mitigation action, others are trapped in a vicious cycle of
suffering flooding, then repairing flood damage, then suffering
flooding, without the means to mitigate losses or move out of
harm's way;
(9) mitigation of repetitive-loss properties through
buyouts, elevations, relocations, or flood-proofing will
produce savings for policyholders under the program and for
Federal taxpayers through reduced flood insurance losses and
reduced Federal disaster assistance;
(10) a strategy of making mitigation offers aimed at high-
priority repetitive-loss properties and shifting more of the
burden of recovery costs to property owners who choose to
remain vulnerable to repetitive flood damage can encourage
property owners to take appropriate actions that reduce loss of
life and property damage and benefit the financial soundness of
the program;
(11) the method for addressing repetitive-loss properties
should be flexible enough to take into consideration legitimate
circumstances that may prevent an owner from taking a mitigation
action; and
(12) focusing the mitigation and buy-out of repetitive loss
properties upon communities and property owners that choose to
voluntarily participate in a mitigation and buy-out program
will maximize the benefits of such a program, while minimizing
any adverse impact on communities and property owners.
TITLE I--AMENDMENTS TO FLOOD INSURANCE ACT OF 1968
SEC. 101. EXTENSION OF PROGRAM AND CONSOLIDATION OF AUTHORIZATIONS.
(a) Borrowing Authority.--The first sentence of section 1309(a) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)), is
amended by striking ``through December'' and all that follows through
``, and'' and inserting ``through the date specified in section 1319,
and''.
(b) Authority for Contracts.--Section 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4026), is amended by striking
``after'' and all that follows and inserting ``after September 30,
2008.''.
(c) Emergency Implementation.--Section 1336(a) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4056(a)), is amended by striking
``during the period'' and all that follows through ``in accordance''
and inserting ``during the period ending on the date specified in
section 1319, in accordance''.
(d) Authorization of Appropriations for Studies.--Section 1376(c)
of the National Flood Insurance Act of 1968 (42 U.S.C. 4127(c)), is
amended by striking ``through'' and all that follows and inserting
``through the date specified in section 1319, for studies under this
title.''.
SEC. 102. ESTABLISHMENT OF PILOT PROGRAM FOR MITIGATION OF SEVERE
REPETITIVE LOSS PROPERTIES.
(a) In General.--The National Flood Insurance Act of 1968 is
amended by inserting after section 1361 (42 U.S.C. 4102) the following:
``SEC. 1361A. PILOT PROGRAM FOR MITIGATION OF SEVERE REPETITIVE LOSS
PROPERTIES.
(a) Authority.--To the extent amounts are made available for use
under this section, the Director may, subject to the limitations of
this section, provide financial assistance to States and communities
for taking actions with respect to severe repetitive loss properties
(as such term is defined in subsection (b)) to mitigate flood damage to
such properties and losses to the National Flood Insurance Fund from
such properties.
``(b) Severe Repetitive Loss Property.--For purposes of this
section, the term `severe repetitive loss property' has the following
meaning:
``(1) Single-family properties.--In the case of a property
consisting of 1 to 4 residences, such term means a property
that--
``(A) is covered under a contract for flood
insurance made available under this title; and
``(B) has incurred flood-related damage--
``(i) for which 3 or more separate claims
payments have been made under flood insurance
coverage under this title, with the amount of
each such claim exceeding $3,000, and with the
cumulative amount of such claims payments
exceeding $15,000;
``(ii) for which at least 2 separate claims
payments have been made under such coverage,
with the cumulative amount of such claims
exceeding the value of the property.
``(2) Multifamily properties.--In the case of a property
consisting of 5 or more residences, such term shall have such
meaning as the Director shall by regulation provide.
``(c) Eligible Activities.--Amounts provided under this section to
a State or community may be used only for the following activities:
``(1) Mitigation activities.--To carry out mitigation
activities that reduce flood damages to severe repetitive loss
properties, including elevation, relocation, demolition, and
floodproofing of structures, and minor physical localized flood
control projects, and the demolition and rebuilding of
properties to at least 1 foot above Base Flood Elevation or
greater, if required by any local ordinance.
``(2) Purchase.--To purchase severe repetitive loss
properties, subject to subsection (f).
``(d) Matching Requirement.--
``(1) In general.--Except as provided in paragraph (2), in
any 1-year period the Director may not provide assistance under
this section to a State or community in an amount exceeding 3
times the amount that the State or community certifies, as the
Director shall require, that the State or community will
contribute from non-Federal funds for carrying out the eligible
activities to be funded with such assistance amounts.
``(2) Reduced community match.--With respect to any 1-year
period in which assistance is made available under this
section, the Director may adjust the contribution required
under paragraph (1) by any State, and for the communities
located in that State, to not less than 10 percent of the cost
of the activities for each severe repetitive loss property for
which grant amounts are provided if, for such year--
``(A) the State has an approved State mitigation
plan meeting the requirements for hazard mitigation
planning under section 322 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5165) that specifies how the State intends to reduce
the number of severe repetitive loss properties; and
``(B) the Director determines, after consultation
with the State, that the State has taken actions to
reduce the number of such properties.
``(3) Non-federal funds.--For purposes of this subsection,
the term `non-Federal funds' includes State or local agency
funds, in-kind contributions, any salary paid to staff to carry
out the eligible activities of the recipient, the value of the
time and services contributed by volunteers to carry out such
activities (at a rate determined by the Director), and the value of any
donated material or building and the value of any lease on a building.
``(e) Standards for Mitigation Offers.--The program under this
section for providing assistance for eligible activities for severe
repetitive loss properties shall be subject to the following
limitations:
``(1) Priority.--In determining the properties for which to
provide assistance for eligible activities under subsection
(c), the Director shall provide assistance for properties in
the order that will result in the greatest amount of savings to
the National Flood Insurance Fund in the shortest period of
time.
``(2) Offers.--The Director shall provide assistance in a
manner that permits States and communities to make offers to
owners of severe repetitive loss properties to take eligible
activities under subsection (c) as soon as practicable.
``(3) Notice.--Upon making an offer to provide assistance
with respect to a property for any eligible activity under
subsection (c), the State or community shall notify each holder
of a recorded interest on the property of such offer and
activity.
``(f) Purchase Offers.--A State or community may take action under
subsection (c)(2) to purchase a severe repetitive loss property only if
the following requirements are met:
``(1) Use of property.--The State or community enters into
an agreement with the Director that provides assurances that
the property purchased will be used in a manner that is
consistent with the requirements of section 404(b)(2)(B) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170c(b)(2)(B)) for properties acquired, accepted,
or from which a structure will be removed pursuant to a project
provided property acquisition and relocation assistance under
such section 404(b).
``(2) Offers.--The Director shall provide assistance in a
manner that permits States and communities to makes offers to
owners of severe repetitive loss properties and of associated
land to engage in eligible activities as soon as possible.
``(3) Purchase price.--The amount of purchase offer is not
less than the greatest of--
``(A) the amount of the original purchase price of
the property, when purchased by the holder of the
current policy of flood insurance under this title;
``(B) the total amount owed, at the time the offer
to purchase is made, under any loan secured by a
recorded interest on the property; and
``(C) an amount equal to the fair market value of
the property immediately before the most recent flood
event affecting the property.
``(g) Increased Premiums in Cases of Refusal To Mitigate.--
``(1) In general.--In any case in which the owner of a
severe repetitive loss property refuses an offer to take action
under paragraph (1) or (2) of subsection (c) with respect to
such property, the Director shall--
``(A) notify each holder of a recorded interest on
the property of such refusal; and
``(B) notwithstanding subsections (a) through (c)
of section 1308, thereafter the chargeable premium rate
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