[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9809 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9809
To amend the National Flood Insurance Act of 1968 to expand
opportunities for families living in areas of high flood risk to access
Federal assistance for voluntary relocation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 2024
Mr. Casten (for himself and Mr. Blumenauer) introduced the following
bill; which was referred to the Committee on Financial Services, and in
addition to the Committee on Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the National Flood Insurance Act of 1968 to expand
opportunities for families living in areas of high flood risk to access
Federal assistance for voluntary relocation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Families and the Solvency
of the National Flood Insurance Program Act of 2024''.
SEC. 2. VOLUNTARY BUYOUTS IN LIEU OF FLOOD CLAIMS.
(a) In General.--Section 1312 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4019) is amended by adding at the end the following:
``(d) Expedited Voluntary Buyouts.--
``(1) In general.--The Administrator may offer a voluntary
buyout option to a policyholder for an insured property if the
following requirements have been met:
``(A) Determination.--The Administrator has
determined, based on the pre-flood value of the insured
property, the damage claim history of the insured
property, and projected future claims for the insured
property, that purchasing the insured property would
result in long-term benefits to the National Flood
Insurance Fund.
``(B) Property eligibility.--The insured property--
``(i) has been identified as a repetitive
loss or severe repetitive loss property, as
such terms are defined in section 1366(h);
``(ii) has been designated, by the
participating community in which such insured
property is located, as substantially damaged
structure; or
``(iii) would be filing a claim for the
maximum level of coverage, if not purchased by
the Administrator.
``(C) Community eligibility.--The participating
community in which such insured property is located has
agreed to--
``(i) take title to the insured property;
and
``(ii) prioritize mitigation to such
insured property or to the area in which such
insured property is located through actions or
plans determined appropriate by the
Administrator, including--
``(I) a repetitive loss area
analysis plan conducted for and
consistent with criteria for the
community rating system authorized
under section 1315(b) (42 U.S.C.
4022(b));
``(II) a locally adopted plan
completed in compliance with
requirements of section 1361(e) (42
U.S.C. 4102(e));
``(III) a locally adopted flood
risk mitigation plan consistent with
the requirements of section 1366(b) (42
U.S.C. 4104c(b));
``(IV) an ongoing local or State
program for property buyouts to address
flooding problems that conforms with
such requirement as the Administrator
may establish; or
``(V) such other action or plan as
the Administrator may require.
``(2) SHFA status.--If each of the requirements described
in paragraph (1) is satisfied, the Administrator may offer a
voluntary buyout option to a policy holder for an insured
property even if such insured property is not located in a
special flood hazard area.
``(3) Amount of buyout offer.--The amount of a buyout offer
made by the Administrator under this subsection for an insured
property may exceed the amount of the claim made by the policy
holder with respect to such insured property.
``(4) Use of fund amounts.--The Administrator may use
amounts in the National Flood Insurance Fund to provide payment
for any buyout offered by the Administrator and accepted by a
policyholder that meets the requirements of this subsection.
``(5) No delay or reduction.--The Administrator shall
ensure that any buyout offer made to a policyholder under this
subsection does not delay or reduce the amount of any payment
for the claim made by such policyholder.
``(6) Special considerations.--When deciding whether to
offer a buyout of an insured property under this subsection,
the Administrator may consider--
``(A) the current reserves and financial status of
the National Flood Insurance Fund;
``(B) the expected number of buyout requests; and
``(C) opportunities to supplement available
National Flood Insurance Fund amounts with other
disaster or mitigation assistance available from
Federal and non-Federal sources.
``(7) Transfer of property.--If a policyholder accepts a
voluntary buyout offered by the Administrator under this
section for an insured property, the Administrator shall take
ownership of the property and not later than 90 days after
taking ownership of such property, transfer ownership of such
property to a unit of local government for management in
compliance with the requirements under section 404(b)(2) of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act.
``(8) Rulemaking.--The Administrator may issues such rules
as the Administrator determines necessary to carry out this
subsection.''.
(b) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of the enactment of this section.
SEC. 3. COMMUNITY ACTION TO ADDRESS REPETITIVELY FLOODED AREAS.
Section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C.
4102) is amended by adding at the end the following new subsection:
``(e) Community Action for Repeatedly Flooded Areas.--
``(1) Requirements for covered communities.--The
Administrator shall, by rule, require each covered community
to--
``(A) determine the areas within the covered
community in which properties described in the
definition of covered community are located in order to
identify areas that are repeatedly damaged by floods;
``(B) assess, with assistance from the
Administrator, future conditions which may represent
continuing risks to the repeatedly damaged areas
identified pursuant to subparagraph (A);
``(C) develop a community-specific plan for
mitigating continuing flood risks to the repeatedly
damaged areas identified pursuant to subparagraph (A);
``(D) submit the plan described in subparagraph (C)
and any plan updates to the Administrator at
appropriate intervals;
``(E) implement the plan described in subparagraph
(C); and
``(F) subject to section 552a of title 5, United
States Code, make the plan described in subparagraph
(C), any updates to the plan, and reports on progress
in reducing flood risk available to the public.
``(2) Coordination with existing planning efforts.--As
determined by the Administrator, a covered community may
address the planning requirements of this subsection in
coordination with other planning efforts, including--
``(A) a plan developed under section 1366 of this
title (42 U.S.C. 4104c);
``(B) a plan developed under section 322 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165); or
``(C) a plan completed for, conducted for, and
consistent with criteria for the community rating
system authorized under section 1315(b) of this title
(42 U.S.C. 4022(b)).
``(3) Authorization and assistance.--
``(A) In general.--The Administrator may issue
appropriate policies and regulations to assist covered
communities in identification of repeatedly flooded
areas and in implementing practical plans for
addressing the identified flooding problems.
``(B) Types of assistance.--Assistance authorized
under this section may include--
``(i) sharing of information in accordance
with the requirements of section 552a of title
5, United States Code, and the subchapter II of
chapter 35 of title 44, United States Code;
``(ii) consideration of possible sources of
financial assistance to communities,
including--
``(I) potential lowering of non-
Federal cost shares for mitigation of
properties; and
``(II) potential priority for
applicable grant mitigation funding
managed by the Administrator;
``(iii) additional technical assistance to
communities the Administrator may deem most at-
risk for repeated flooding events;
``(iv) reasonable considerations and
targeted assistance for communities defined as
underserved or high-risk under section 203(a)
of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133(a));
and
``(v) special assistance aimed at
implementing Executive Order 13985 (January 20,
2021) on Advancing Racial Equity and Support
for Underserved Communities Through the Federal
Government, as defined by the Administrator.
``(C) Special considerations.--In determining an
appropriate level of assistance for a covered
community, as provided in subparagraph (B), the
Administrator shall consider the extent to which the
community is working to remedy problems associated with
repeated flooding and the resources available to the
covered community, including--
``(i) any Federal or State funding received
by the covered community;
``(ii) the portion of the covered community
that is located within areas having special
flood hazards; and
``(iii) any other factor that makes it
difficult for the covered community to conduct
mitigation activities for flood-prone
structures.
``(4) Reports to congress.--Not later than 3 years after
the date of enactment of this subsection, and not less
frequently than once every 2 years thereafter, the
Administrator shall submit to the Congress a report regarding
the progress made by covered communities with respect to
implementing plans developed under paragraph (2)(C) and, to the
extent possible, the trends in numbers of repetitive loss and
severe repetitive loss properties.
``(5) Covered community defined.--In this subsection, the
term `covered community' means a community--
``(A) that is participating in the national flood
insurance program and in compliance with all
requirements of this Act; and
``(B) within which are located--
``(i) not less than 50 repetitive loss
structures; or
``(ii) not fewer than 5 severe repetitive
loss structures for which mitigation activities
meeting the standards for approval under
section 1366(c)(2)(A) have not been conducted;
and
``(C) which has been identified by the
Administrator as a priority for assessment and
mitigation in accordance with the rules required under
this subsection.''.
SEC. 4. FLOOD MITIGATION ASSISTANCE.
(a) Authority.--Section 1366(a)(2) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c(a)(2)) is amended--
(1) by inserting ``repetitive loss structures,'' after
``damage to''; and
(2) by inserting before ``; and'' the following: ``, and
other structures within an area that has been identified by the
State or community as a repetitive loss area or has been
determined by the Administrator to pose a significant risk of
recurrent flooding''.
(b) Eligible Mitigation Activities.--Subsection (c) of section 1366
of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is
amended--
(1) in paragraph (2)--
(A) in the paragraph heading, by inserting
``fairness,'' after ``cost effectiveness'';
(B) in subparagraph (A)--
(i) in clause (i)--
(I) by inserting ``, equitable,''
after ``feasible''; and
(II) by inserting ``over the long
term'' after ``cost-effective''; and
(ii) in clause (ii), by inserting
``repetitive loss or'' before ``severe''; and
(C) in subparagraph (B) by inserting ``, including
benefits that provide needed assistance to vulnerable
populations'' before the period at the end;
(2) in paragraph (3)--
(A) in subparagraph (C)--
(i) by striking ``for public use,''; and
(ii) by inserting ``, considering current
and future risks'' before the semicolon at the
end;
(B) in subparagraph (H) by inserting ``and'' after
the semicolon at the end;
(C) in subparagraph (I) by striking ``; and'' and
inserting a period; and
(D) by striking subparagraph (J); and
(3) in paragraph (4), by adding after the period, the
following: ``In any case in which elevation or rebuilding is
required or authorized by the Administrator or by State or
local regulation or ordinance, the appropriate level of
elevation shall incorporate appropriate freeboard or other
resilience factors based on an assessment using the best
scientific information to determine risk levels over the
expected lifetime of the structure.''.
(c) Matching Requirement.--Subsection (d) of section 1366 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104c(d)) is amended--
(1) in paragraph (2)--
(A) by striking ``In the case of mitigation
activities to repetitive loss structures,'' and
inserting:
``(A) In general.--In the case of mitigation
activities to repetitive loss structures,''; and
(B) by adding at the end the following:
``(B) Special rule.--In the case of mitigation
activities to repetitive loss structures that lie
within an area identified under a local plan adopted
pursuant to section 1361(e), in an amount up to 100
percent of all eligible costs.''.
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) Properties within underserved communities.--In an
amount up to 100 percent of all eligible costs for a property--
``(A) located within a census tract with a Centers
for Disease Control and Prevention Social Vulnerability
Index score of not less than 0.5001; or
``(B) that serves as a primary residence for a
household with a household income of not more than 100
percent of the applicable area median income.''.
SEC. 5. PREDISASTER MITIGATION.
(a) Definitions.--Section 203(a) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133) is amended to read
as follows:
``(a) Definitions.--In this section:
``(1) Underserved community.--The term `underserved
community' means a population sharing a particular
characteristic, or a geographic community, that based on
criteria established by the President, has been systematically
denied a full opportunity to participate in aspects of
economic, social, and civic life.
``(2) High-risk community.--The term `high risk community'
means a community that has significant risk to health, safe