Item U06BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20, 2013 Division: County Administrator
Bulk Item: Yes x No — Department:
Staff Contact /Phone #: Lisa Tennyson, x 4444
AGENDA ITEM WORDING: Approval of a resolution urging Congress to take immediate action to
delay or repeal the "Biggert-Waters" Flood Insurance Reform Act of 2012 to prevent flood insurance
premium rate increases mandated by the act and urging Congress to enact The Homeowner Flood
Insurance Affordability Act of 2013 (H.R. 3370) or similar legislation delaying or repealing premium rate
increases on property owners.
ITEM BACKGROUND:
The National Flood Insurance Program is a federal program that is operated by FEMA. In 2012
Congress passed a law, known as the "Biggert-Waters" Act, making a number of "reforms" to the
program, including significantly raising flood insurance premium rates. Prior to these "reforms", many
rates were "subsidized." The new law revokes "subsidized" rates for second homes and commercial
properties, and applies new actuarially sound rates beginning with the next policy renewal. Primary
homeowners are protected only until such time that they sell their home or allow their policy to lapse for
any reason. Upon sale or lapse, new actuarially sound rates will be applied. The new law is expected to
have a devastating impact on home sales, property values, and tax base.
Various bills have been introduced in Congress seeking to delay implementation of the rate increases
and other sections of the Biggert-Waters Act. One strong argument for a delay in premium increases is
that FEMA has yet to conduct an affordability study regarding rate increases, as mandated by the Biggert-
Waters Act.
The most prominent bill introduced to date is HR 3370, which has wide bi-partisan support. Also
known as "The Homeowner Flood Insurance Affordability Act of 2013", HR 3370 seeks to delay rate
increases for approximately 4 years, while FEMA conducts an affordability study, develops rules and
regulations that address rate hikes and affordability, and then gives Congress additional time to review
those regulations.
PREVIOUS RELEVANT BOCC ACTION: In September 2013, the BOCC identified as a federal
legislative priority to support efforts to delay or postpone implementation of the Biggert-Waters Flood
Insurance Reform Act, and included it in the County's FY 2014 Legislative Agenda, and has assigned our
federal lobbyists, Cardenas Partners, to advocate on behalf of Monroe County on this issue, and closely
monitor any and all related legislative activity.
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: 0
BUDGETED: Yes No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes — No AMOUNT PER MONTH
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7109
INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
Year
RESOLUTION NO. -2013
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY,
FLORIDA URGING THE UNITED STATES CONGRESS TO TAKE IMMEDIATE
ACTION TO DELAY OR REPEAL THE "BIGGERT-WATERS" FLOOD
INSURANCE REFORM ACT OF 2012 TO PREVENT FLOOD INSURANCE
PREMIUM RATE INCREASES MANDATED BY THE ACT; URGING CONGRESS
TO ENACT THE HOMEOWNER FLOOD INSURANCE AFFORDABILITY ACT OF
2013 (H.R. 3370) OR SIMILAR LEGISLATION DELAYING PREMIUM RATE
INCREASES ON PROPERTY OWNERS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, under the National Flood Insurance Program (NFIP), all property
owners with federally insured mortgages in flood risk areas are required to purchase
flood insurance; and
WHEREAS, over 5.5 million people in the United States currently hold flood
insurance policies; and
WHEREAS, 37% of the nation's NFIP policies are held by Florida property
owners; and
WHEREAS, 268,648 flood insurance policies in Florida are currently subsidized;
and
WHEREAS, Florida property owners have supported the NFIP with more than
$16 billion in payments in the past three decades while receiving only $3.7 billion in
claim payments; and
WHEREAS, Congress passed the Biggert-Waters Flood Insurance Reform Act of
2012 in July of 2012 to address the financial solvency of the NFIP by raising flood
insurance premiums; and
WHEREAS, without immediate action by Congress, the implementation of the
subsidy reforms included in the Biggert-Water's Flood Insurance Reform Act of 2012
would have the effect of excessively high, unaffordable and unreasonable increases
to flood insurance premiums providing undue hardship on property owners who have
complied with the law and responsibly paid their premiums; and
WHEREAS, dramatically increased flood insurance premiums will stagnate
Monroe County's home sales, depress property values, and escalate default of
constituents' bank mortgages in a still fragile housing market where housing prices
are only recently starting to recover from the market collapse that began in 2007;
and
WHEREAS, the mandate of the Biggert-Waters Act will have a devastating and
far-reaching financial impact on real property owners, the local economy and the
local tax base in the County of Monroe;
WHEREAS, two specific local examples of flood insurance rate increases that are
a direct result of the Biggert-Waters Act include a modest, ground level home in Big
Pine Key valued at $182,000 which received a new annual premium of $49,252,
effective November 1, 2013, a 49-fold increase from the previous years annual
premium of $1,989; and an elevated mobile home in Stock Island valued at $27,500
which received a new annual premium of $3217, effective October 2, 2013, an 8-fold
increase from the previous year's annual premium of $393; and
WHEREAS, properties with excessive and unaffordable flood insurance
premiums become unsellable to most purchasers, which has the effect of depressing
property values; and where those properties become sellable only to wealthy buyers
who can purchase the homes for cash, and therefore won't be required to carry flood
insurance, which has the effect of limiting homeownership opportunities in coastal
communities to only the wealthy; and.
WHEREAS, all components of our property base: primary homes, secondary
homes, multi-family residences, and commercial properties contribute significantly to
soundness of the local housing market and economy; and
WHEREAS, second homes require protection from excessive increases because
they provide a critical source of rental housing for our local workforce and military
personnel and therefore function as "primary residences" for these families; and
WHEREAS, commercial properties require protection from excessive increases
because they are critical sources of employment for our community, and sources of
goods and services for our residents and visitors; and
WHEREAS, Monroe County, as a small coastal community, supports a multi-
billion dollar a year tourism and commercial and recreational fishing industry and
serves as important economic engine for the State of Florida; and those industries
are supported by working people with modest salaries, who own modest homes,
insured by the NFIP; and
WHEREAS, coastal communities throughout the United States serve as an
unparalleled national economic engine generating 45% of the nation's gross
domestic product, valued at over $6.6 trillion, supporting 51 million jobs, and $2.8
trillion in wages, and providing home to 123 million Americans; and
WHEREAS, if the nation's coastal watershed counties were considered an
individual country, they would rank number three in GDP globally, behind only the
US as a whole and China; and
WHEREAS, coastal communities support a $4 billion commercial fishing industry
and a $73 billion recreational fishing industry; and
WHEREAS, coastal communities are home to a Marine Transportation and Port
industry that generates $1.9 trillion in imports and 13 million jobs; and
WHEREAS, coastal communities support a beach recreation industry that
generates $6 billion a year; and
WHEREAS, the NFIP's affordable flood insurance premiums enables coastal
communities to continue to generate $6.6 trillion dollars in economic activity and
millions of jobs, the NFIP therefore represents an investment in the nation's overall
economic well- being, and therefore is not a "subsidy" program;
WHEREAS, currently the NFIP has 5.5 million active policy holders although
there are 17 million properties in flood risk areas that are required to carry flood
insurance, creating a deficit of 12 million policy holders that should be, but are not
paying into the program; and at the current average annual premium of $650 these
12 million properties would generate an additional $7.8 billion in revenue to the
program; and at a modest increase in average flood premiums to $1,000 would
generate $12 billion in additional revenue, resolving the program's debt in a few
short years; and whereas, this represents an example of a fairer and far more
financially responsible approach to the ensure the program's integrity and solvency
than that of the Biggert- Waters Act; and
WHEREAS, the Homeowner Flood Insurance Affordability Act (H.R. 3370)
seeks to address flood insurance escalations in a measured, reasonable way; and
WHEREAS, the bi- partisan bill would ensure that FEMA completes a study on
flood insurance affordability, and propose regulations to address the issues found in
the study, and give Congress adequate time to review those regulations;
BE IT RESOLVED BY THE BOARD OF • COMMISSIONERS i •i
COUNTY, FLORIDA,
Section 1. The County of Monroe hereby urges the United States Congress, and
specifically Florida Senators Bill Nelson and Marco Rubio and U.S. Representative
Joe Garcia to take immediate action to delay or repeal those portions of the Biggert
Waters Act that impose a punitive and unjust financial burden on coastal real
property owners;
Section 2. The County of Monroe hereby urges the United States Congress, and
specifically Florida Senators Bill Nelson and Marco Rubio and U.S. Representative
Joe Garcia to support the Homeowners Flood Insurance Affordability Act (H.R.
3370), or any similar legislation that delays implementation of rate increases
mandated by Biggert- Waters until there is an affordability study conducted; and until
FEMA develops new regulations based on the results of that study; and until
Congress reviews and approves those regulations.
Section 3. The Monroe County Clerk shall forward a copy of this resolution to United
States Senator Bill Nelson, United States Senator Marco Rubio, United States
Representative Joe Garcia, and to Florida Governor Rick Scott.
Section 4. Effective Date
This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 20 day of
November, 2013.
Mayor
Mayor Pro Tern
Commissioner
Commissioner
Commissioner
(Seal)
Attest:
Clerk of Court
Monroe County Board of Commissioners
Mayor
H
113TI1 CONGRESS
IST SESSION H* R• 7Q
To delay the implementatio of certain provisions of the Biggert-Waters
Flood Insurance Reform Act of 2012, and for other purposes.
IN THE HOUSE OF REPRESENTATIATS
WTOBEii 29, 2013
Mr. GRB111 (for himself, 11S. NVATERS, Mr. Rwin[OND, Mr. ()LSON, Mr.
PALAZZO, Air. ( AIS. MATST TI, Mr. CRAMER, Mr. KEATING, Ms.
Ros-LFUTINEN, Ms. BROWN of Florida, Air. HINO.T08A, Air. MEEKS Mr.
MCINTYRE, -Ali-. NADLER, -Air. NT Mr. SCOTT of Virginia, Mr. LxN_
GEVTN, Mr. CROWLEY, Als. 110()RE, Mr. TiiomisON Of PennsvIvania, Alr.
JONES, Mr. WELCH, Mr. ENYUiT, Mr. LoBlONDO, Air•. ijyNcll, Air.
CARNEY, AIr. SCALISE, AIr. CjTLBER MS. CASTOR of Florida, Air.
GAIWL�, Ms. FRANKEL of Florida, NIS. VEL,1ZQI'EZ, Ms. I SCIIAICOWSKY,
,Ali•. KING of New York, Air. PASCRELL, AIT'S. CAROLYN B. 1IA1,0NEY Of
New York, AIS. WILSON of Florida, Mr. VELA, Mr. STOCKAUN,
Air. BOTT_
STAN Mr. FITZPATRICK, Air. RoD'.KEY DAVIS Of Illinois, Mr. PERL-
MUTTER, Air. WHITFIELD, Mr. MCNERNEY, Air. MURPITY of Florida, Air.
Ei,msON, All'. DIAZ-BALART, Mrs. ELLNIERS, Mr. GHNE GREEN or
Texas, Mr. BUCHANAN, Mr. ANDREWS, Mr. CLEAVEI-, Mr. DET Mr.
G,uR,k.XIENDI, Ms. JACKSON LEE, Mr. JEFFRIES, Mr. ('I, AlrS.
THY of New York, MS. PENGREE of Maine, Als. TSONGAS, NIS.
WASSERMAN C SCHULTZ, Mr. DAVID SCOTT of Georgia, Mr. HARPER, Mr.
11U'FE1, Mr. SIRES, Mr. CWNNOLLY, Air. POLDS, Mr. Pi',Lj,0NE, Mr.
KENNEDY, Ms. LORETTA SANCHEZ of Califorjji),t, Air. 84711M)ER, Mr.
Bismi� of New York, AIS. SLAt Air. C MS. DEGETTE,
Mr. DANNY K. DAVIS of Illinois, Mr. AL GREEN of Texas, and Mr.
HOLT) introduced the following bill; which was referred to the Committee
on Financial Services, and in addi tion to the Committee on Rules, for a
period to be subsequently determined by the Speaker, in each case for
consideration Of such provisions as fall Avithin the jurisdiction of the com-
mittee concerned
I
A BILL
To delay the implementation of certain provisions of the
Biggert- Waters Flood Insurance Reform Act of 2012,
and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tines of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "I4oineowner Flood In-
5 surance Affordability Act of 2013 ".
6 SEC. 2. DEFINITIONS.
7 As used in this Act, the follo definitions shall.
8 apply:
9 (1) ADJUSTED BASE FLOOD ELEVATION. —For
10 purposes of rating a floodproofed covered structure,
11 the term "adjusted base flood elevation" means the
12 base flood elevation for a covered structure on the
13 applicable effective flood insurance rate map, plus 1
14 foot.
15 (2) ADMINISTRATOR. —The term "Adminis-
16 tra,tor" means the Administrator of the Federal
17 Emergency Management Agency.
1.8 (3) AFFORDABILITY Al- THORITY BILL. —The
19 term "affordability authority bill" means a non. -
20 amendable bill that if enacted would only grant the
21 Administrator the authority necessary to promulgate
*HR 3370 IH
3
1 regulations in accordance with the criteria set forth
2 in section 3(d)(2).
3 (4) AFFORDABILITY STUDY. —Tyre term "a,f-
4 fordability study" means the study required under
5 section 100236 of the Biggert- Waters Flood Insur-
6 ante Reform Act of 2012 (Public Law 112 -141; 126
7 Stat.957).
8 (5) APPLICABLE FLOOD PLAIN MANAGEMENT
9 'MEASURES. —The term "applicable flood plain man -
10 agement measures" means flood plain management
1.1 measures adopted by a community under section
12 60.3(c) of title 44, Code of Federal Regulations.
13 (6) COVERED STRUCTURE. —The term. "covered
14 structure" means a residential structure-
15 (A) that is located in a community that
16 has adopted flood plain management measures
17 that are approved by the Federal Emergency
18 Management Agency and that satisA , the re-
19 quirements for an exception for floodproofed
20 residential basements under section 60.6(e) of
21 title 44, Code of Federal Regulations; and
22 (B) that was built in compliance with the
23 applicable flood plain management measures.
24 (7) DRAFT AFFORDABILITY FRAMEWORK.—The
25 term "draft affordability frame - \work" means the
•HR 3370 IH
4
1 draft programmatic and regulatory framework re-
2 quired to be prepared by the Administrator and sub -
3 mitted to Congress under section 3(d) addressing
4 the issues of affordability of flood insurance sold
5 under the National Flood Insurance Program, in-
6 eluding issues identified in the affordability study.
7 (8) FLOODPROOF ED ELEVATION. —The term
8 "floodproofed elevation" means the height of
9 floodproofing on a covered structure, as identified on
1.0 the Residential Basement Floodproofing Certificate
1.1 for the covered structure.
12 (9) NATIONAL FLOOD IN SURAN CE PRO GRAM.-
13 The term "National Flood Insurance Program"
14 means the program established under the National
15 Flood Insurance Act of 1965 (42 I1.S.C. 4001 et
16 seq.).
17 SEC. 3. DELAYED IMPLEMENTATION OF FLOOD INSURANCE
1 RATE INCREASES; DRAFT AFFORDABILITY
1 9 FRAMEWORK.
20 (a) DELAYED IMPLE�\IENTATION OF FLOOD INSI -R-
21 ANCE RATE INCREASES. -
22 (1.) GRANDFATHERED PROPERTIES.- Beginning
23 on the date of enactment of this Act, the Adminis-
24 trator may not increase risk premium rates for flood
25 insurance for any property located in an area subject
*HR 3370 IH
5
1 to the premium adjustment required under section
2 1308(h) of the National Flood Insurance Act of
3 1965 (42 U.S.C. 4015(h)).
4 (2) PRE -FIRM PROPERTIES.— Beginning on the
5 date of enactment of this Act, the Administrator
6 may not reduce the risk premium rate subsidies for
7 flood insurance for any property -
8 (A) described under section 1307(8)(1) of
9 the National Flood Insurance Act of 1968 (42
10 U.S.C. 4014(g)(1)); or
11 (B) described under 1307(g)(3) of the Na-
12 tional Flood Insurance Act of 1968 (42 U.S.C.
13 4014(g)(3)), provided that the decision of the
14 policy holder to permit a, lapse in flood insur-
15 ance coverage was as a result of the property
1.6 no longer being required to retain such cov-
17 erage.
18 (3) ExPIRATZOti. —The prohibitions set forth
1.9 under paragraphs (1) and (2) shall expire 6 months
20 after the later of-
21 (A) the date on which the Administrator
22 proposes the draft affordability framework;
23 (B) the date on which any regulations pro -
24 posed pursuant to the authority that the Ad-
25 ministrator is granted in the affordability au-
•HR 3370 IH
6
1 thority bill, if such bill is enacted, become final;
2 or
3 (C) the date on which the Administrator
4 certifies in writing to Congress that the Federal
5 Emergency Management Agency has imple-
6 mented a flood mapping approach that utilizes
7 sound scientific and engineering methodologies
8 to determine varying levels of flood risk in all.
9 areas participating in the National Flood Insur-
10 ance Program.
1.1 (b) PROPERTY SALE TRIGGER.— Section 130 7 (g) (2)
12 of the National Flood Insurance Act of 1965 (42 U.S.C.
13 4014(8)(2)) is amended to read as follows:
14 "(2) any property purchased after the expira-
15 Lion of the 6 -month period set forth under section.
16 3(a)(3) of the Homeowner Flood Insurance Afford -
17 ability Act of 2013; ".
18 (c) TREATMENT OF PRE-FIRM PROPERTIEs. —Be-
19 gizlning on the date of enactment of this Act and ending
20 upon the expiration of the 6 -month period set forth under
21 subsection (a)(3), the Administrator shall restore the risk
22 premium rate subsidies for flood insurance estimated
23 under section 1307(x)(2) of the National Flood Insurance
24 Act of 1968 (42 U.S.C. 4014(a)(2)) for any property de-
25 scribed in subparagraphs (A) and (B) of subsection (a)(2)
*HR 3370 IR
7
1 of this Act and in section 1307(8)(2) of the National
2 Flood Insurance Act of 1968 (42 U.S.C. 4014(8)(2)).
3 (d) D AFT AFFORDABILITY FR�1MEwORK.-
4 (1) I N GENEMU,. —The Administrator shall pre -
5 pare a draft affordability framework that proposes
6 to address, via programmatic and regulatory
7 changes, the issues of affordability of flood insur-
8 ance sold under the National Flood Insurance Pro -
9 gram, including issues identified in the affordability
10 study.
11 (2) CRITERL4. —In carrying out the require -
12 ments under paragraph (1), the Administrator shall
1.3 consider the following criteria:
14 (A) Accurate communication to consumers
15 of the flood risk associated with their- property.
16 (B) Targeted assistance to flood insurance
17 policy holders based on their financial ability to
18 continue to participate in the National Flood.
19 Insurance Program.
20 (C) Indi6dual or community actions to
21 mitigate the risk of flood or lower the cost of
22 flood insurance.
23 (D) The impact of increases in risk pre -
24 rnium rates on participation in the National.
25 Flood Insurance Program.
*HR 3370 IH
8
I (E) The impact flood insurance rate map
2 updates have on the affordability of flood insur-
3 ance.
4 (3) DEADLINE FOR SUBMISSION. —Not later
5 than IS niontlls ,after the date on which the Admin-
6 istrator submits the affordability study, the Admili-
7 istrator shall submit to the full Committee on Bank -
8 ing, Housing, and Urban Affairs and the full Com-
9 mittee on Appropriations of the Senate and the full
1.0 Committee on Financial Services and the full Com-
11 mittee on Appropriations of the House of Represent -
12 atives the draft affordability framework.
1.3 (e) CONGRESSIONAL CONSIDERATION OF FE IA AF-
14 FORD�UMATY A TxORMES.-
1.5 (I) NO REFERRAL. —Upon introduction in el-
16 ther House of Congress, an affordability authority
17 bill shall not be referred to a committee and shall
18 immediately be placed on the calendar.
19 (2) CONSIDERATION IN THE HOUSE OF REP -
20 RESENTATINTES.-
21 (A) PROCEEDIN TO CONSIDERATION —It
22 shall be in order to move to proceed to consider
23 the a;fforda`)ihty authority bill in the House. All
24 points of order against the motion are waived.
25 Such a motion shall not be in order after the
*HR 3370 IH
9
1
House has disposed of a motion to proceed with
2
respect to the affordability authority bill. The
3
previous question shall be considered as ordered
4
on the motion to its adoption without inter -
5
vening motion. The motion shall not be debat-
6
able. A motion to reconsider the vote by which
7
the motion is disposed of shall not be in order.
8
(13) CONSIDEPUTION. —The affordability
9
authority bill shall be considered as read. All
1.0
points of order against the affordability author -
11
ity bill and against its consideration are waived.
12
The previous question shall be considered as or-
13
dered on the affordability authority bill to its
14
passage without intervening motion except 10
15
hours of debate equally divided and controlled
16
by the proponent and an opponent. A motion to
17
reconsider the vote on passage of the afford-
18
ability authority bill shall not be in order.
19
(3) COxSIDEMVTIO:\ Ix THE SENATE. -
20
(A) PLACEDIENT ON THE CALENIXAP.-
21
Upon introduction in the Senate, an afford -
22
ability authority bill shall be immediately placed
23
on the calendar.
24
(13) FLOOR CONSIDERATION.—Nottivith-
25
standing Rule = 1 of the Standing Rules of
*HR 3370 IH
10
1 the Senate, it is in order, at any time beginning
2 on the day after the 6th day after the date of
3 introduction of an affordability authority bill
4 (even if a previous motion to the same effect
5 has been disagreed to) to move to proceed to
6 the consideration of the affordability authority
7 bill and all points of order against consideration
8 of the affordability authority bill are waived.
9 The motion to proceed is not debatable. The
10 motion is not subject to a motion to postpone.
11 A motion to reconsider the vote by which the
12 motion is agreed to or disagreed to shall not be
13 in order. If a motion to proceed to the consider -
14 ation of the affordability authority bill is agreed.
15 to, the affordability authority bill shall remain
1.6 the unfinished business until disposed of.
17 (C) CONSIDERATIO \. —All points of order
18 against the affordability authority bill are
19 waived. Consideration of the affordability au-
20 thority bill and of all debatable motions and ap-
21 peals in connection therewith shall be limited to
22 not more than 10 hours which shall be divided
23 equally between the majority and minority lead -
24 ers or their designees. A motion further to limit
*HR 3370 IH
lei
1 debate on the affordability authority bill is in
2 order, and is not debatable.
3 (D) No AMENDAZEN S. An amendment to
4 the affordability authority bill, or a motion to
5 postpone, or a motion to proceed to the consid-
6 eration of other business, or a motion to com-
7 mit or recommit the affordability authority bill,
8 is not in order.
9 (E) VOTE ON PASSAGE. —If the Senate has
10 voted to proceed to the affordability authority
11 bill, the vote on passage of the affordability an-
1.2 thority bill shall occur immediately following the
13 conclusion of consideration of the affordability
14 authority bill, and a single quorum call at the
15 conclusion of the debate if requested in accord -
16 ance with the rules of the Senate.
17 (4) AMENDMENT. —The affordability authority
18 bill shall not be subject to amendment in either the
19 House of Representatives or the Senate.
20 (5) CONSIDERATION BY ME OTHER III TSE.-
21 (A) IN GENERAL. —If, before passing the
22 affordability authority bill, one House receives
23 from the other an affordability authority bill—
•HR 3370 IH
12
1 (1) the affordability authority bill of
2 the other House shall not be referred to a
3 committee; and
4 (ii) the procedure in the receiving
5 House shall be the same as if no afford -
6 ability authority bill had been received
7 from the other house except that the vote
8 on passage shall be on the affordability au-
9 thority bill of the other House.
10 (I3) REVENUE 'MEASURE.—This subsection
1.1 shall not apply to the House of Representatives
12 if the affordability authority, bill received from
13 the Senate is a revenue measure.
14 (6) COORDINATION WITH ACTION BY OTHER
15 HOUSE. -
1.6 (A) TRE=11ENT OF AFFORDAI3ILITY - AU-
1.7 THORITY RILL OF OTHER HOI7SE. —If the Sen-
18 ate fails to introduce or consider a affordability
19 authority bill under this section, the afford -
20 ability authority bill of the House shall be enti-
21 tled to expedited floor procedures under this
22 section.
23 (B) TREATMENT OF CWAIPA \ION MEAS-
24 I?RES IN THE SENATE. —If following passage of
25 the affordability authority bill in the Senate,
*HR 3370 IH
13
1 the Senate then receives the affordability au-
2 thority bill from the House of Representatives,
3 the House-passed affordability authority bill
4 shall not be debatable.
5 (C) VETOES. If the President vetoes the
6 affordability authority bill, debate on a, veto
7 message in the Senate under this section shall
8 be 1 hour equally divided between the majority
9 and minority leaders or their designees.
10 (7) RULES OF THE HOUSE OF REPRES'E TA-
11 TIVES AND SENATE. —This subsection is enacted by
12 Congress —
13 (A) as an exercise of the rulemaking• power
14 of the Senate and the House of Representa-
15 tives, respectively, and as such it is deemed a
16 part of the rules of each House, respectively,
17 but applicable only with respect to the proce-
18 lure to be followed in that House in the case
19 of an affordability authority bill, and it super -
20 sedes other rules only to the extent that it is in-
21 consistent with such rules; and
22 (B) with full recognition of the constitu-
23 tional right of either House to change its rules
24 at any time, in the same manner, and to the
*HR 3370 IH
14
1 same extent as in the case of any other rule of
2 that House.
3 (f) INTERAGENCY AGREEMENTS. —The Adminis-
4 trator may enter into an agreement with another Federal
5 agency to-
6 (1) complete the affordability study; or
7 (2) prepare the draft affordability framework.
8 (g) CLEIVII CO - MAMI'NIC 1TIONS. —The Administrator
9 shall clearly communicate full flood risk determinations to
10 individual property owners regardless of whether their pre -
11 mium rates are full actuarial rates.
12 (h) RULE OF CONSTRt'CTION.— Nothing in tills sec -
13 tion shall be construed to provide the Administrator with
14 the authority to provide assistance to homeowners based
15 on affordability that was not available prior to the ena,ct-
16 ment of the Bggerrt- Waters Flood Insurance Reform Act
1.7 of 2012 (Public Law 112 - 141; 126 Stat. 916).
18 SEC. 4. AFFORDABILITY STUDY AND REPORT.
19 Notwithstanding the deadline under section
20 100236(c) of the Biggert- Waters Flood Insurance Reform
21 Act of 2012 (Public Law 112 -141; 126 Stat. 957), not
22 later than 2 years after the date of enactment of this Act,
23 the Administrator shall submit to the full Committee on.
24 Banking, Housing, and Urban .Affairs and the full Com-
25 mittee on Appropriations of the Senate and the hill Com-
•HR 3370 III
15
1 mittee on Financial Services and the full Committee on
2 Appropriations of the house of Representatives the af-
3 fordability study and report required under such section.
4 SEC. 5. AFFORDABILITY STUDY FUNDING.
5 Section 100236(d) of the Biggert- Waters Flood In-
6 surance Reform Act of 2012 (Public Law 112 -141.; 126
7 Stat. 957) is amended by striking "not more than
8 $750,000" and inserting "such amounts as may be nec-
9 essary".
10 SEC. 6. FUNDS TO REIMBURSE HOMEOWNERS FOR SUC-
1 1 CESSFUL MAP APPEALS.
1.2 (a) IN GENERAL.- Section 1363(f) of the National
1.3 Flood Insurance Act of 1968 (42 U.S.C. 41.04(f)) is
14 amended by striking the second sentence and inserting the
15 following: "The Administrator may use such amounts
16 from the National Flood Insurance Fund established
17 under section 1310 as may be necessary, to carry out this
18 subsection. ".
19 (b) CONFORAIING AmENDJIENT.- Section 1310(x) of
20 the National Flood Insurance Act of 1968 (42 U.S.C.
21 4017(a)) is amended -
22 (1) in paragraph (6), by striking "and" at the
23 end;
24 (2) in paragraph (7), by striking the period at
25 the end and inserting "; and "; and
*HR 3370 IH
16
1 (3) by adding at the end the follouring:
2 "(S) for carrying out section 1363(f). ".
3 SEC. 7. FLOOD PROTECTION SYSTEMS.
4 (a) ADEQUATE PROGRESS ON (�O \STRIJ( TlO\ OIL
5 FLOOD PROTECTION SY STE ,IS.— Section 1.307(e) of the
6 National Flood Insurance Act of 1965 (42 U.S.C.
7 4014(e)) is amended -
8 (1) in the first sentence, by inserting "or recon-
9 struction" after "eonstriietion ";
10 (2) by amending the second sentence to read as
11 follows: "The Administrator shall find that adequate
12 progress on the construction or reconstruction of a.
13 flood protection system, based on. the present value
14 of the completed flood protection system, has been
15 made only if (1) 100 percent of the cost of the sys-
1.6 tem has been authorized, (2) at least 60 percent of
17 the cost of the system has been appropriated, (3) at
18 least 50 percent of the cost of the system has been
19 expended, and (4) the system is at least 50 percent
20 completed. "; and
21 (3) by adding at the end the following: "Not -
22 withstanding any other provision of law, in deter -
23 mining whether a community has made adequate
24 progress on the construction., reconstruction, or iin-
25 provement of a flood protection system, the Adlninis-
•HR 3370 IH
17
I trator shall consider all sources of finiding, Including
2 Federal, State, and local funds.".
3 (b) COMMUNITIES RESTORING DisAccREDITED
4 FLOOD PROTECTION SYSTEM'S,.—Section 1307(f) of the
(I
5 National Flood Insurance Act of 1965 (42 ) , T.S. J.
6 4014(f)) is amended by amending the first sentence to
7 read as follows: "Notwithstanding any other provision of
8 law, this subsection shall apply to riverine and coastal lev-
9 ees that are located in a community which has been deter-
10 mined by the Administrator of the Federal Emergency
11 Management Agency to be in the process of restoring flood
12 protection afforded by a flood protection system that had
13 been previously accredited on a Flood Insurance Rate Map
14 as providing 100-year frequency flood protection but no
15 longer does so, and shall apply without regard to the level
16 of Federal funding of or participation in the construction,
17 reconstruction, or improvement of the flood protection sys-
18 tem. ".
19 SEC. 8. TREATMENT OF FLOODPROOFED RESIDENTIAL
20 BASEMENTS.
21 Notwithstanding the Biggert-Waters Flood Insurance
22 Reform Act of 2012 (Public Law 112-141; 126 Stat.
23 91.6), the amendments made by that Act, or any other pro-
24 vision of law, the Administrator shall rate a covered struc-
25 tore using the elevation difference between the
•HR 3370 1H
18
I floodproofed elevation of the covered structure and the ad-
2 justed base flood elevation of the covered structure.
3 SEC. 9. DESIGNATION OF FLOOD INSURANCE ADVOCATE.
4 (a) IN GENES -1L. —The Administrator shall designate
5 a Flood Insurance Advocate to advocate for the fair treat -
6 meat of policy holders under the National Flood Insurance
7 Program and property owners in the mapping of flood
8 hazards, the identification of risks from flood, and the im-
9 plementation of mea, , to minimize the risk of flood.
10 (b) DITTIES AND RESPONSIBILITIES.—The duties
11 and responsibilities of the Flood Insurance Advocate des -
12 igzla,ted under subsection (a) shall be to-
1.3 (1) educate property owners and policyholders
14 under the National Flood. Insurance Program on-
15 (A) individual flood risks;
16 (I3) flood mitigation;
17 (C) measures to reduce flood insurance
18 rates through effective mitigation; and
19 (D) the flood insurance rate map review
20 and amendment process;
21 (2) assist policy holders under the National
22 Flood Insurance Program and property owners to
23 understand the procedural requirements related to
24 appealing preliminary flood insurance rate maps and
*HR 3370 IH
19
1 implementing measures to mitigate evolving flood
2 risks;
3 (3) assist in the development of reg7onal capac-
4 ity to respond to individual constituent concerns
5 about flood insurance rate map amendments and re-
6 visions;
7 (4) coordinate outreach and education with
8 local officials and community leaders in areas im-
9 pacted by proposed flood insurance rate map amend -
10 ments and revisions; and
11 (5) aid potential policy holders under. the Na-
12 tional Flood Insurance Program in obtaining- and
13 verifying accurate and reliable flood insurance rate
14 information when purchasing or renewing a flood in-
15 surance policy.
1.6 (c) AUTHORIZATION OF APPPOPRUTIONS. —There
17 are authorized to be appropriated for each fiscal year such
18 sums as may be necessary to carry out the duties and re-
19 sponsibilities of the Flood Insurance Advocate.
O
*HR 3370 IH