[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4973 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4973
To restore the financial solvency of the national flood insurance
program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2006
Mr. Baker (for himself and Mr. Frank of Massachusetts) introduced the
following bill; which was referred to the Committee on Financial
Services
_______________________________________________________________________
A BILL
To restore the financial solvency of the national flood insurance
program, 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 AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Flood Insurance
Reform and Modernization Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents
Sec. 2. Findings and purposes
Sec. 3. Study regarding status of pre-FIRM properties and mandatory
purchase requirement for natural 100-year
floodplain and non-Federally related loans
Sec. 4. Phase-in of actuarial rates for nonresidential properties and
non-primary residences
Sec. 5. Reduction of waiting period for effective date of policies
Sec. 6. Enforcement
Sec. 7. Maximum coverage limits
Sec. 8. Coverage for additional living expenses, basement improvements,
business interruption, and replacement cost
of contents
Sec. 9. Increase in annual limitation on premium increases
Sec. 10. Increase in borrowing authority
Sec. 11. FEMA participation in State disaster claims mediation programs
Sec. 12. FEMA reports on financial status of insurance program
Sec. 13. Extension of pilot program for mitigation of severe repetitive
loss properties
Sec. 14. Notice of availability of flood insurance and escrow in RESPA
good faith estimate
Sec. 15. Reiteration of FEMA responsibilities under 2004 Reform Act
Sec. 16. Updating of flood maps and elevation standards
Sec. 17. National levee inventory
Sec. 18. Clarification of replacement cost provisions, forms, and
policy language
Sec. 19. Authorization of additional FEMA staff
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) flooding has been shown to occur in all 50 States;
(2) the aggregate amount of the flood insurance claims
resulting from Hurricane Katrina, Hurricane Rita, and other
recent events has exceeded the aggregate amount of all claims
previously paid in the history of the national flood insurance
program, requiring a significant increase in the program's
borrowing authority;
(3) flood insurance policyholders have a legitimate
expectation that they will receive fair and timely compensation
for losses covered under their policies;
(4) substantial flooding has occurred, and will likely
occur again, outside the areas designated by the Federal
Emergency Management Agency as flood hazard areas;
(5) properties located in low- to moderate-risk areas are
eligible to purchase flood insurance policies with premiums as
low as $112 a year;
(6) about 450,000 vacation homes, second homes, and
commercial properties are subsidized and are not paying
actuarially sound rates for flood insurance;
(7) phasing out subsidies currently extended to vacation
homes, second homes, and commercial properties would result in
estimated average savings to the taxpayers of the United States
and the national flood insurance program of $335,000,000 each
year;
(8) the maximum coverage limits for flood insurance
policies should be increased to reflect inflation and the
increased cost of housing;
(9) significant reforms to the national flood insurance
program required in the Bunning-Bereuter-Blumenauer Flood
Insurance Reform Act of 2004 have yet to be implemented; and
(10) in addition to reforms required in the Bunning-
Bereuter-Blumenauer Flood Insurance Reform Act of 2004, the
national flood insurance program requires a modernized and
updated administrative model to ensure that the program is
solvent and the people of the United States have continued
access to flood insurance.
(b) Purposes.--The purposes of this Act are--
(1) to protect the integrity of the national flood
insurance program by fully funding existing legal obligations
expected by existing policyholders who have paid policy
premiums in return for flood insurance coverage;
(2) to increase incentives for homeowners and communities
to participate in the national flood insurance program and to
improve oversight to ensure full participation in the program
for owners of properties for which such participation is
mandatory; and
(3) to increase awareness of homeowners of flood risks and
improve the quality of information regarding such risks
provided to homeowners.
SEC. 3. STUDY REGARDING STATUS OF PRE-FIRM PROPERTIES AND MANDATORY
PURCHASE REQUIREMENT FOR NATURAL 100-YEAR FLOODPLAIN AND
NON-FEDERALLY RELATED LOANS.
(a) In General.--The Comptroller General shall conduct a study as
follows:
(1) Pre-firm properties.--The study shall determine the
status of the the national flood insurance program, as of the
date of the enactment of this Act, with respect to the
provision of flood insurance coverage for pre-FIRM properties
(as such term is defined in section 578(b) of the National
Flood Insurance Reform Act of 1994 (42 U.S.C. 4014 note)),
which shall include determinations of--
(A) the number of pre-FIRM properties for which
coverage is provided and the extent of such coverage;
(B) the cost of providing coverage for such pre-
FIRM properties to the national flood insurance
program;
(C) the anticipated rate at which such pre-FIRM
properties will cease to be covered under the program;
and
(D) the effects that implementation of the Bunning-
Bereuter-Blumenauer Flood Insurance Reform Act of 2004
will have on the national flood insurance program
generally and on coverage of pre-FIRM properties under
the program.
(2) Mandatory purchase requirement for natural 100-year
floodplain.--The study shall assess the impact, effectiveness,
and feasibility of amending the provisions of the Flood
Disaster Protection Act of 1973 regarding the properties that
are subject to the mandatory flood insurance coverage purchase
requirements under such Act to extend such requirements to
properties located in any area that would be designated as an
area having special flood hazards but for the existence of a
structural flood protection system, and shall determine--
(A) the regulatory, financial and economic impacts
of extending such mandatory purchase requirements on
the costs of homeownership, the actuarial soundness of
the national flood insurance program, the Federal
Emergency Management Agency, local communities,
insurance companies, and local land use;
(B) the effectiveness of extending such mandatory
purchase requirements in protecting homeowners from
financial loss and in protecting the financial
soundness of the national flood insurance program; and
(C) any impact on lenders of complying with or
enforcing such extended mandatory requirements.
(3) Mandatory purchase requirement for non-federally
related loans.--The study shall assess the impact,
effectiveness, and feasibility of, and basis under the
Constitution of the United States for, amending the provisions
of the Flood Disaster Protection Act of 1973 regarding the
properties that are subject to the mandatory flood insurance
coverage purchase requirements under such Act to extend such
requirements to any property that is located in any area having
special flood hazards and which secures the repayment of a loan
that is not described in paragraph (1), (2), or (3) of section
102(b) of such Act, and shall determine how best to administer
and enforce such a requirement, taking into consideration other
insurance purchase requirements under Federal and State law.
(b) Report.--The Comptroller General shall submit a report to the
Congress regarding the results and conclusions of the study under this
subsection not later than the expiration of the 6-month period
beginning on the date of the enactment of this Act.
SEC. 4. PHASE-IN OF ACTUARIAL RATES FOR NONRESIDENTIAL PROPERTIES AND
NON-PRIMARY RESIDENCES.
(a) In General.--Section 1308(c) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(c)) is amended--
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) Nonresidential properties.--Any nonresidential
property.
``(3) Non-primary residences.--Any residential property
that is not the primary residence of an individual.''.
(b) Technical Amendments.--Section 1308 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4015) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``Subject only to the limitations provided
under paragraphs (1) and (2), the'' and inserting
``The''; and
(B) in paragraph (1), by striking ``, except'' and
all that follows through ``subsection (e)''; and
(2) in subsection (e), by striking ``paragraph (2) or (3)''
and inserting ``paragraph (4)''.
(c) Effective Date and Transition.--
(1) Effective date.--The amendments made by subsections (a)
and (b) shall apply beginning on the publication by the
Director of the Federal Emergency Management Agency of the
certification under section 16(b)(2), except as provided in
paragraph (2) of this subsection.
(2) Transition.--In the case of any property described in
paragraph (2) or (3) of section 1308(c) of the National Flood
Insurance Act of 1968, as amended by subsection (a) of this
section, that, on the date of the enactment of this Act, is
covered under a policy for flood insurance made available under
the national flood insurance program for which the chargeable
premium rates are less than the applicable estimated risk
premium rate under section 1307(a)(1) for the area in which the
property is located, the Director of the Federal Emergency
Management Agency shall increase the chargeable premium rates
for such property over time to such applicable estimated risk
premium rate under section 1307(a)(1). Such increase shall be
made by increasing the chargeable premium rates for the
property (after application of any increase in the premium
rates otherwise applicable to such property) by 15 percent (or
such lesser amount as may be necessary so that the chargeable
rate does not exceed such applicable estimated risk premium
rate) once during the 12-month period that begins upon the date
of the enactment of this Act and once every 12 months
thereafter until such increase is accomplished. The provisions
of paragraphs (2) and (3) of such section 1308(c) shall apply
to such a property upon the accomplishment of such increase and
thereafter.
SEC. 5. REDUCTION OF WAITING PERIOD FOR EFFECTIVE DATE OF POLICIES.
Section 1306(c)(1) is amended by striking ``30-day'' and inserting
``15-day''.
SEC. 6. ENFORCEMENT.
Section 102(f) of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4012a(f)) is amended--
(1) in paragraph (5)--
(A) in the first sentence, by striking ``$350'' and
inserting ``$2,000''; and
(B) in the last sentence, by striking ``$100,000''
and inserting ``$1,000,000''; and
(2) in paragraph (6), by adding after the period at the end
the following: ``No penalty may be imposed under this
subsection on a regulated lending institution or enterprise
that has made a good faith effort to comply with the
requirements of the provisions referred to in paragraph (2) or
for any non-material violation of such requirements.''.
SEC. 7. MAXIMUM COVERAGE LIMITS.
Subsection (b) of section 1306 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4013(b)) is amended--
(1) in paragraph (2), by striking ``$250,000'' and
inserting ``$335,000'';
(2) in paragraph (3), by striking ``$100,000'' and
inserting ``$135,000''; and
(3) in paragraph (4), by striking ``$500,000'' each place
such term appears and inserting ``$670,000''.
SEC. 8. COVERAGE FOR ADDITIONAL LIVING EXPENSES, BASEMENT IMPROVEMENTS,
BUSINESS INTERRUPTION, AND REPLACEMENT COST OF CONTENTS.
Subsection (b) of section 1306 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4013) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5)--
(A) by inserting ``pursuant to paragraph (2), (3),
or (4)'' after ``any flood insurance coverage''; and
(B) by striking the period at the end and inserting
a semicolon; and
(3) by adding at the end the following new paragraphs:
``(6) in the case of any residential property, each renewal
or new contract for flood insurance coverage shall provide not
less than $1,000 aggregate liability per dwelling unit for any
necessary increases in living expenses incurred by the insured
when losses from a flood make the residence unfit to live in,
which coverage shall be available only at chargeable rates that
are not less than the estimated premium rates for such coverage
determined in accordance with section 1307(a)(1);
``(7) in the case of any residential property, optional
coverage for additional living expenses described in paragraph
(6) shall be made available to every insured upon renewal and
every applicant in excess of the limits provided in paragraph
(6) in such amounts and at such rates as the Director shall
establish, except that such chargeable rates shall not be less
than the estimated premium rates for such coverage determined
in accordance with section 1307(a)(1);
``(8) in the case of any residential property, optional
coverage for losses, resulting from floods, to improvements and
personal property located in basements, crawl spaces, and other
enclosed areas under buildings that are not covered by primary
flood insurance coverage under this title, shall be made
available to every insured upon renewal and every applicant,
except that such coverage shall be made available only at
chargeable rates that are not less than the estimated premium
rates for such coverage determined in accordance with section
1307(a)(1);
``(9) in the case of any commercial property, optional
coverage for losses resulting from any partial or total
interruption of the insured's business caused by damage to, or
loss of, such property from a flood shall be made available to
every insured upon renewal and every applicant, except that--
``(A) for purposes of such coverage, losses shall
be determined based on the profits the covered business
would have earned, based on previous financial records,
had the flood not occurred; and
``(B) such coverage shall be made available only at
chargeable rates that are not less than the estimated
premium rates for such coverage determined in
accordance with section 1307(a)(1); and
``(10) in the case of any residential property and any
commercial property, optional coverage for the full replacement
costs of any contents related to the structure that exceed the
limits of coverage otherwise provided in this subsection shall
be made available to every insured upon renewal and every
applicant, except that such coverage shall be made available
only at chargeable rates that are not less than the estimated
premium rates for such coverage determined in accordance with
section 1307(a)(1).''.
SEC. 9. INCREASE IN ANNUAL LIMITATION ON PREMIUM INCREASES.
Section 1308(e) of the National Flood Insurance Act of 1968 (42
U.S.C. 4015(e)) is amended by striking ``10 percent'' and inserting
``15 percent''.
SEC. 10. INCREASE IN BORROWING AUTHORITY.
(a) Borrowing Authority.--The first sentence of subsection (a) of
section 1309 of the National Flood Insurance Act of 1968 (42 U.S.C.
4016(a)), as amended by the National Flood Insurance Program Further
Enhanced Borrowing Authority Act of 2005 (Public Law 109-106; 119 Stat.
2288), is amended by striking ``$18,500,000,000'' and inserting
``$25,000,000,000''.
(b) FEMA Report.--Not later than the expiration of the 6-month
period beginning on the date of the enactment of this Act, the Director
of the Federal Emergency Management Agency shall submit a report to the
Congress setting forth a plan for repaying any amounts borrowed
pursuant to increase in borrowing authority authorized under the
amendments made by subsection (a).
SEC. 11. FEMA PARTICIPATION IN STATE DISASTER CLAIMS MEDIATION
PROGRAMS.
The National Flood Insurance Act of 1968 is amended by inserting
after section 1313 (42 U.S.C. 4020) the following new section:
``SEC. 1314. FEMA PARTICIPATION IN STATE DISASTER CLAIMS MEDIATION
PROGRAMS.
``(a) Requirement to Participate.--In the case of the occurrence of
a natural catastrophe that may result in flood damage claims under the
national flood insurance program, upon a request made by the insurance
commissioner of a State (or such other official responsible for
regulating the business of insurance in the State) for the
participation of representatives of the Director in a program sponsored
by such State for nonbinding mediation of insurance claims resulting
from a natural catastrophe, the Director shall cause appropriate
representatives of national flood insurance program to participate in
such State program to expedite settlement of any flood damage claims
under the national flood insurance program resulting from such
catastrophe.
``(b) Extent of Participation.--Participation by representatives of
the Director required under subsection (a) with respect to flood damage
claims resulting from a natural catastrophe shall include--
``(1) providing adjusters certified for purposes of the
national flood insurance program who are authorized to settle
claims against such program resulting from such catastrophe in
amounts up to the limits of policies under such program;
``(2) requiring such adjusters to attend State-sponsored
mediation meetings regarding flood insurance claims resulting
from such catastrophe at times and places as may be arranged by
the State;
``(3) participating in good-faith negotiations toward the
settlement of such claims with policyholders of coverage made
available under the national flood insurance program; and
``(4) finalizing the settlement of such claims on behalf of
the national flood insurance program with such policyholders.
``(c) Coordination.--Adjusters representing the national flood
insurance program who participate pursuant to subsection (b)(1) in a
State-sponsored mediation program with respect to a natural catastrophe
shall at all times coordinate their activities with insurance officials
of the State and representatives of insurers for the purpose of
consolidating and expediting the settlement of claims under the
national flood insurance program resulting from such catastrophe at the
earliest possible time.''.
SEC. 12. FEMA REPORTS ON FINANCIAL STATUS OF INSURANCE PROGRAM.
Section 1320 of the National Flood Insurance Act of 1968 (42 U.S.C.
4027) is amended--
(1) in the section heading, by striking ``REPORT TO THE
PRESIDENT'' and inserting ``REPORTS'';
(2) in subsection (a), by striking ``In General'' and
inserting ``Biennial Report to President''; and
(3) by adding at the end the following new subsection:
``(c) Semiannual Reports to Congress on Financial Status.--Not
later than June 30 and December 31 of each year, the Director shall
submit a report to the Congress regarding the financial status of the
national flood insurance program under this title. Each such report
shall describe the financial status of the National Flood Insurance
Fund and current and projected levels of claims, premium receipts,
expenses, and borrowing under the program.''.
SEC. 13. EXTENSION OF PILOT PROGRAM FOR MITIGATION OF SEVERE REPETITIVE
LOSS PROPERTIES.
Section 1361A of the National Flood Insurance Act of 1968 (42
U.S.C. 4102a) is amended as follows:
(1) Funding.--In subsection (k)(1), by striking ``and
2009'' and inserting ``2009, 2010, and 2011''.
(2) Termination.--In subsection (l), by striking
``September 30, 2009'' and inserting ``September 30, 2011''.
SEC. 14. NOTICE OF AVAILABILITY OF FLOOD INSURANCE AND ESCROW IN RESPA
GOOD FAITH ESTIMATE.
Subsection (c) of section 5 of the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2604(c)) is amended by adding at the
end the following new sentence: ``Each such good faith estimate shall
include the following conspicuous statements: (1) that flood insurance
coverage for residential real estate is generally available under the
National Flood Insurance Program whether or not the real estate is
located in an area having special flood hazards and that, to obtain
such coverage, a home owner or purchaser should contact a property
insurance agent, broker, or company; and (2) that the escrowing of
flood insurance payments is required for many loans under section
102(d) of the Flood Disaster Protection Act of 1973, and may be a
convenient and available option with respect to other loans.''.
SEC. 15. REITERATION OF FEMA RESPONSIBILITIES UNDER 2004 REFORM ACT.
(a) Appeals Process.--As directed in section 205 of the Bunning-
Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011
note), the Director of the Federal Emergency Management Agency is again
directed to, not later than 90 days after the date of the enactment of
this Act, establish an appeals process through which holders of a flood
insurance policy may appeal the decisions, with respect to claims,
proofs of loss, and loss estimates relating to such flood insurance
policy as required by such section.
(b) Minimum Training and Education Requirements.--The Director of
the Federal Emergency Management Agency is directed to continue to work
with the insurance industry, State insurance regulators, and other
interested parties to implement the minimum training and education
standards for all insurance agents who sell flood insurance policies
that were established by the Director under the notice published
September 1, 2005 (70 Fed. Reg. 52117) pursuant to section 207 of the
Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (42
U.S.C. 4011 note).
(c) Report.--Not later than the expiration of the 6-month period
beginning on the date of the enactment of this Act, the Director of the
Federal Emergency Management Agency shall submit a report to the
Congress describing the implementation of each provision of the
Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (Public
Law 108-264) and identifying each regulation, order, notice, and other
material issued by the Director in implementing each such provision.
SEC. 16. UPDATING OF FLOOD MAPS AND ELEVATION STANDARDS.
(a) Flood Mapping Program.--Section 1360 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101) is amended by adding at the end
the following new subsection:
``(k) Program to Review, Update, and Maintain Flood Insurance
Program Maps.--
``(1) In general.--The Director, in coordination with the
Technical Mapping Advisory Council established pursuant to
section 576 of the National Flood Insurance Reform Act of 1994
(42 U.S.C. 4101 note) and section 16(c) of the Flood Insurance
Reform and Modernization Act of 2006, shall establish a program
under which the Director shall review, update, and maintain
national flood insurance program rate maps in accordance with
this subsection.
``(2) Inclusions.--
``(A) Covered areas.--Each map updated under this
subsection shall include a depiction of--
``(i) the 500-year floodplain;
``(ii) areas that could be inundated as a
result of the failure of a levee, as determined
by the Director; and
``(iii) areas that could be inundated as a
result of the failure of a dam, as identified
under the National Dam Safety Program Act (33
U.S.C. 467 et seq.).
``(B) Other inclusions.--In updating maps under
this subsection, the Director may include--
``(i) any relevant information on coastal
inundation from--
``(I) an applicable inundation map
of the Corps of Engineers; and
``(II) data of the National Oceanic
and Atmospheric Administration relating
to storm surge modeling;
``(ii) any relevant information of the
Geographical Service on stream flows, watershed
characteristics, and topography that is useful
in the identification of flood hazard areas, as
determined by the Director; and
``(iii) a description of any hazard that
might impact flooding, including, as determined
by the Director--
``(I) land subsidence and coastal
erosion areas;
``(II) sediment flow areas;
``(III) mud flow areas;
``(IV) ice jam areas; and
``(V) areas on coasts and inland
that are subject to the failure of
structural protective works, such as
levees, dams, and floodwalls.
``(3) Standards.--In updating and maintaining maps under
this subsection, the Director shall establish standards to--
``(A) ensure that maps are adequate for--
``(i) flood risk determinations; and
``(ii) use by State and local governments
in managing development to reduce the risk of
flooding; and
``(B) facilitate the Director, in conjunction with
State and local governments, to identify and use
consistent methods of data collection and analysis in
developing maps for communities with similar flood
risks, as determined by the Director.
``(4) Hurricanes katrina and rita mapping priority.--In
updating and maintaining maps under this subsection, the
Director shall--
``(A) give priority to the updating and maintenance
of maps of coastal areas affected by Hurricane Katrina
or Hurricane Rita to provide guidance with respect to
hurricane recovery efforts; and
``(B) use the process of updating and maintaining
maps under subparagraph (A) as a model for updating and
maintaining other maps.
``(5) Annual report.--Not later than June 30 of each year,
the Director shall submit a report to the Congress describing,
for the preceding 12-month period, the activities of the
Director under the program under this section and the reviews
and updates of flood insurance program rate maps conducted
under the program. Each such annual report shall contain the
most recent report of the Technical Mapping Advisory Council
pursuant to section 576(c)(3) of the National Flood Insurance
Reform Act of 1994 (42 U.S.C. 4101 note).
``(6) Authorization of appropriations.--There is authorized
to be appropriated to the Director to carry out this subsection
$300,000,000 for each of fiscal years 2007 through 2012.''.
(b) Review and Updating of All Flood Zones and Annual Map
Modernization Reports.--
(1) Required revision.--In carrying out the program under
subsection (k) of section 1360 of the National Flood Insurance
Act of 1968 (as added by subsection (a) of this section), the
Director of the Federal Emergency Management Agency shall, as
soon as possible after the date of the enactment of this Act,
conduct a review of all floodplain areas and flood-risk zones
identified, delineated, or established pursuant to such section
1360 and shall revise and update all such areas and zones.
(2) Certification of completion.--Upon completing the
review, revision, and updating required under paragraph (1),
the Director shall submit to the Congress a report certifying
such completion.
(3) Annual reports.--During the period that ends upon
certification under paragraph (2) of this subsection by the
Director, the Director shall include in the annual report
required under section 1360(k)(5) of the National Flood
Insurance Act of 1968 (as added by subsection (a) of this
section) a description of the extent to which the review and
updating required under paragraph (1) of this subsection has
been completed.
(c) Reestablishment of Technical Mapping Advisory Council.--
(1) Reestablishment.--There is reestablished the Technical
Mapping Advisory Council, in accordance with this subsection
and section 576 of the National Flood Insurance Reform Act of
1994 (42 U.S.C. 4101 note).
(2) Membership.--Paragraph (1) of section 576(b) of the
National Flood Insurance Reform Act of 1994 (42 U.S.C. 4101
note) is amended--
(A) by redesignating subparagraphs (E), (F), (G),
(H), (I), and (J) as subparagraphs (F), (G), (H), (K),
(M), and (N), respectively;
(B) by inserting after subparagraph (D) the
following new subparagraph:
``(E) a representative of the Corps of Engineers of
the United States Army;'';
(C) by inserting after subparagraph (H) (as so
redesignated by subparagraph (A) of this paragraph) the
following new subparagraphs:
``(I) a representative of local or regional flood
and stormwater agencies;
``(J) a representative of State geographic
information coordinators;''; and
(D) by inserting after subparagraph (K) (as so
redesignated by subparagraph (A) of this paragraph) the
following new subparagraph:
``(L) a representative of flood insurance servicing
companies;''.
(3) Appointment.--The Director of the Federal Emergency
Management Agency, or the Director's designee, shall take
action as soon as possible after the date of the enactment of
this Act to appoint the members of the Technical Mapping
Advisory Council pursuant to section 576(b)(1) of the National
Flood Insurance Reform Act of 1994, as amended by paragraph (2)
of this subsection.
(4) Duties.--Subsection (c) of section 576 of the National
Flood Insurance Reform Act of 1994 (42 U.S.C. 4101 note) is
amended to read as follows:
``(c) Duties.--The Council shall--
``(1) make recommendations to the Director for improvements
to the flood map modernization program under section 1360(k) of
the National Flood Insurance Act of 1968 (42 U.S.C. 41010(k));
``(2) make recommendations to the Director for maintaining
a modernized inventory of flood hazard maps and information;
and
``(3) submit an annual report to the Director that contains
a description of the activities and recommendations of the
Council.''.
(5) Termination.--Subsection (k) of section 576 of the
National Flood Insurance Reform Act of 1994 (42 U.S.C. 4101
note) is amended by striking ``under subsection (b)(1)'' and
inserting ``pursuant to subsection (b)(1) of this section and
section 16(c)(3) of the Flood Insurance Reform and
Modernization Act of 2006''.
(d) Post-Disaster Flood Elevation Determinations.--Section 1363 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4104) is amended by
adding at the end the following new subsection:
``(h) Expedited Community Adoption of Post-Disaster Advisory Flood
Elevations.--If the Director determines that it is appropriate to
examine flood elevation determinations after flood-related disasters,
to incorporate data gathered since the publication of an effective
flood insurance rate map or other flood hazard map and to issue
advisory flood elevations, the Director shall expedite the notification
and publication procedures in this section. The Director shall require
community adoption of the advisory flood elevation information under
such expedited procedures for the purposes of local land use and
control measures and for the purposes of facilitating flood-resistant
reconstruction when Federal funds are made available. Expediting the
notification and publication procedures shall be accomplished to
preserve all rights to submit information and to appeal the Director's
findings. ''.
SEC. 17. NATIONAL LEVEE INVENTORY.
To identify levees for the national flood insurance program, the
Director of the Federal Emergency Management Agency shall maintain and
periodically publish an inventory of levees in the United States, and
shall consult with the Secretary of the Army as necessary to maintain
such inventory.
SEC. 18. CLARIFICATION OF REPLACEMENT COST PROVISIONS, FORMS, AND
POLICY LANGUAGE.
Not later than the expiration of the 3-month period beginning on
the date of the enactment of this Act, the Director of the Federal
Emergency Management Agency shall--
(1) issue regulations, and revise any materials made
available by such Agency, to clarify the applicability of
replacement cost coverage under the national flood insurance
program;
(2) revise any regulations, forms, notices, guidance, and
publications relating to the full cost of repair or replacement
under the replacement cost coverage to more clearly describe
such coverage to flood insurance policyholders and information
to be provided by such policyholders relating to such coverage,
and to avoid providing misleading information to such
policyholders; and
(3) revise the language in standard flood insurance
policies under such program regarding rating and coverage
descriptions in a manner that is consistent with language used
widely in other homeowners and property and casualty insurance
policies, including such language regarding classification of
buildings, basements, crawl spaces, detached garages,
enclosures below elevated buildings, and replacement costs.
SEC. 19. AUTHORIZATION OF ADDITIONAL FEMA STAFF.
Notwithstanding any other provision of law, the Director of the
Federal Emergency Management Agency may employ such additional staff of
such Agency as may be necessary to carry out all of the
responsibilities of the Director pursuant to this Act and the
amendments made by this Act. There are authorized to be appropriated to
Director such sums as may be necessary for costs of employing such
additional staff.
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