National Flood Insurance Program Termination Act of 2010 [sic] - Prohibits the Administrator of the Federal Emergency Management Agency (FEMA) from providing any new flood insurance coverage after December 31, 2013, or renewing any coverage provided before such date, under the National Flood Insurance Act of 1968.
Terminates the National Flood Insurance Program on such date. Makes conforming repeal amendments to the National Flood Insurance Act of 1968, the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004, the National Flood Insurance Reform Act of 1994, and the Federal Flood Insurance Act of 1956.
Grants the consent of Congress to any two or more states to enter into agreements or compacts for making flood insurance available to interested persons for loss and damage arising from any flood occurring in the United States.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 435 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 435
To terminate the National Flood Insurance Program and related mandatory
purchase and compliance requirements, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2011
Mrs. Miller of Michigan introduced the following bill; which was
referred to the Committee on Financial Services, and in addition to the
Committee on the Judiciary, 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 terminate the National Flood Insurance Program and related mandatory
purchase and compliance requirements, 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 ``National Flood Insurance Program
Termination Act of 2010''.
SEC. 2. TERMINATION OF NATIONAL FLOOD INSURANCE PROGRAM.
(a) Termination of Authority To Provide Coverage.--Effective at the
end of December 31, 2013, the Administrator of the Federal Emergency
Management Agency (in this section referred to as the
``Administrator'') shall not provide any new flood insurance coverage,
or renew any coverage provided before such date, under the National
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
(b) Treatment of Existing Coverage.--Subsection (a) shall not--
(1) affect any flood insurance coverage provided under such
Act under a contract or agreement entered into before the date
specified in such subsection and, notwithstanding the repeals
under section 3, such provisions as in effect immediately
before such repeal shall continue to apply with respect to
flood insurance coverage in force after such repeal; or
(2) require the termination of any contract or other
agreement for flood insurance coverage entered into before such
date.
(c) Wind-Up.--After the date specified in subsection (a), the
Administrator shall take such actions as may be necessary steps to wind
up the affairs of the National Flood Insurance Program.
(d) Treatment of Funds.--Amounts in the National Flood Insurance
Fund established under section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017) shall be available to the Administrator for
performing the functions of the Administrator with respect to flood
insurance coverage remaining in force after the date specified in
subsection (a). Upon the expiration of the contracts and agreements for
such coverage, any unexpended balances in such Fund shall be deposited
in the Treasury as miscellaneous receipts.
(e) Savings Provisions.--
(1) Treatment of prior determinations.--The repeals made by
section 3 of the provisions of law specified in such section
shall not affect any order, determination, regulation, or
contract that has been issued, made, or allowed to become
effective under such provisions before the effective date of
the repeal. All such orders, determinations, regulations, and
contracts shall continue in effect until modified, superseded,
terminated, set aside, or revoked in accordance with law by the
President, the Administrator, or other authorized official, a
court of competent jurisdiction, or by operation of law.
(2) Pending proceedings.--
(A) Effect on pending proceedings.--The repeals
made by section 3 shall not affect any proceedings
relating to the National Flood Insurance Program,
including notices of proposed rulemaking, pending on
the effective date of the repeals, before the Federal
Emergency Management Agency, except that no assistance
or flood insurance coverage may be provided pursuant to
any application pending on such effective date. Such
proceedings, to the extent that they relate to
functions performed by the Administrator after such
repeal, shall be continued. Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if
this Act had not been enacted; and orders issued in any
such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by the
Administrator, by a court of competent jurisdiction, or
by operation of law.
(B) Construction.--Nothing in this subsection may
be construed to prohibit the discontinuance or
modification of any proceeding described in
subparagraph (A) under the same terms and conditions
and to the same extent that such proceeding could have
been discontinued or modified if this section had not
been enacted.
(3) Actions.--This section shall not affect suits commenced
before the effective date of the repeals made by section 3, and
in all such suits, proceedings shall be had, appeals taken, and
judgments rendered in the same manner and effect as if this
section had not been enacted.
(4) Liabilities incurred.--No suit, action, or other
proceeding commenced by or against an individual in the
official capacity of such individual as an officer of the
Federal Emergency Management Agency having any responsibility
for the National Flood Insurance Program shall abate by reason
of the enactment of this section. No cause of action relating
to such Program, by or against the Federal Emergency Management
Agency, or by or against any officer thereof in the official
capacity of such officer having any responsibility for such
program, shall abate by reason of the enactment of this
section.
SEC. 3. REPEALS AND CONTINUATION OF FEMA MAPPING RESPONSIBILITIES.
(a) National Flood Insurance Act of 1968.--The National Flood
Insurance Act of 1968 is amended--
(1) by striking section 1302 (42 U.S.C. 4001);
(2) by striking chapters I and II (42 U.S.C. 4011 et seq.);
(3) in section 1360 (42 U.S.C. 4101)--
(A) in subsection (a)(2), by striking ``until the
date specified in section 1319'';
(B) by striking subsection (d);
(C) in subsection (g)--
(i) by striking ``To promote compliance
with the requirements of this title, the'' and
inserting ``The'';
(ii) by striking ``directly responsible for
coordinating the national flood insurance
program'';
(iii) in the last sentence, by striking
``National Flood Insurance Fund, pursuant to
section 1310(b)(6)'' and inserting the
following: ``General Fund of the Treasury and
shall be used only for reducing the debt of the
Federal Government''; and
(D) in subsection (i)--
(i) by striking ``free of charge'' and
inserting ``at cost'';
(ii) by striking ``and States and
communities participating in the national flood
insurance program pursuant to section 1310 and
at cost to all other'' and inserting ``, States
and communities, and other interested''; and
(iii) in the he last sentence, by striking
``National Flood Insurance Fund, pursuant to
section 1310(b)(6)'' and inserting the
following: ``General Fund of the Treasury and
shall be used only for reducing the debt of the
Federal Government'';
(4) by striking sections 1361A (42 U.S.C. 4102a);
(5) in section 1363(e) (42 U.S.C. 4104(e)), by striking the
third and fifth sentences; and
(6) in section 1364 (42 U.S.C. 4104a)--
(A) in subsection (a)--
(i) in paragraphs (1) and (2), by striking
``or the Flood Disaster Protection Act of
1973'' each place such term appears; and
(ii) in paragraph (3)--
(I) by striking subparagraphs (B)
and (C) and inserting the following:
``(B) a statement that flood insurance coverage may
be available in the private market or through a State-
sponsored program; and''; and
(II) by redesignating subparagraph
(D) as subparagraph (C);
(B) by striking subsections (b) and (c);
(7) in section 1365 (42 U.S.C. 4104b)--
(A) in subsection (a), by striking ``and in which
flood insurance under this title is available''; and
(B) in subsection (b)--
(i) by striking paragraph (1); and
(ii) in paragraph (2)--
(I) in the first sentence, by
striking ``the community identification
number and community participation
status (for purposes of the national
flood insurance program) of the
community in which the improved real
estate or such property is located,'';
and
(II) in the third sentence, by
striking ``because the building or
mobile home is not located in a
community that is participating in the
national flood insurance program or'';
(8) by striking sections 1366 and 1367 (42 U.S.C. 4104c,
4104d);
(9) in section 1370 (42 U.S.C. 4121)--
(A) by striking paragraphs (3), (4), (5), (7),
(14), and (15);
(B) in paragraph (12)(B), by striking the semicolon
at the end and inserting ``; and'';
(C) in paragraph (13), by striking the semicolon at
the end and inserting a period; and
(D) by redesignating paragraphs (6), (8), (9),
(10), (11), (12), and (13), as so amended, as
paragraphs (3), (4), (5), (6), (7), (8), and (9),
respectively;
(10) by striking sections 1371 through 1375 (42 U.S.C.
4122-26);
(11) in section 1376 (42 U.S.C. 4127)--
(A) in subsection (a), by striking ``to carry out
this title'' and all that follows through the end of
paragraph (3) and inserting ``to carry out the mapping,
studies, investigations, and other responsibilities of
the Director under this title''; and
(B) by striking subsection (c); and
(12) by striking section 1377 (42 U.S.C. 4001 note).
(b) Flood Disaster Protection Act of 1973.--The Flood Disaster
Protection Act of 1973 is amended--
(1) by striking section 2 (42 U.S.C. 4002);
(2) by striking section 102 (42 U.S.C. 4012a);
(3) in section 201 (42 U.S.C. 4105)--
(A) by striking subsection (a) and inserting the
following new subsection:
``(a) As information becomes available to the Director concerning
the existence of flood hazards, the Director shall publish information
in accordance with section 1360(a)(1) of the National Flood Insurance
Act of 1968 and shall notify the chief executive officer of each known
flood-prone community of its tentative identification as a community
containing one or more areas having special flood hazards.'';
(B) in subsection (b), by striking ``shall either
(1) promptly make proper application to participate in
the national flood insurance program or (2)'' and
inserting ``may'';
(C) by striking subsections (c) and (d);
(D) by redesignating subsection (e) as subsection
(c); and
(4) by striking section 202 (42 U.S.C. 4106).
(c) Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of
2004.--Title II of the Bunning-Bereuter-Blumenauer Flood Insurance
Reform Act of 2004 (42 U.S.C. 4011 note).
(d) National Flood Insurance Reform Act of 1994.--The National
Flood Insurance Reform Act of 1994 is amended by striking sections 561
(42 U.S.C. 4011 note), 562 (42 U.S.C. 4102 note), 578 (42 U.S.C. 4014
note), 579(b), and 582 (42 U.S.C. 5154a).
(e) Federal Flood Insurance Act of 1956.--Section 15 of the Federal
Flood Insurance Act of 1956 (42 U.S.C. 2414) is amended by striking
subsection (e).
(f) Effective Date.--The amendments made by this section shall take
effect at the end of December 31, 2013.
SEC. 4. INTERSTATE COMPACTS FOR FLOOD INSURANCE COVERAGE.
(a) Congressional Consent.--The consent of the Congress is hereby
given to any two or more States to enter into agreement or compacts,
not in conflict with any law of the United States, for making available
to interested persons insurance coverage against loss resulting from
physical damage to or loss of real property or personal property
related thereto arising from any flood occurring in the United States.
(b) Rights Reserved.--The right to alter, amend, or repeal this
section, or consent granted by this section, is expressly reserved to
the Congress.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Financial Services, and in addition to the Committee on the Judiciary, 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.
Referred to the Committee on Financial Services, and in addition to the Committee on the Judiciary, 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.
Referred to the Subcommittee on Courts, Commercial and Administrative Law.
Referred to the Subcommittee on Insurance, Housing and Community Opportunity.
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