Protecting Families and the Solvency of the National Flood Insurance Program Act of 2022
This bill revises the National Flood Insurance Program and expands assistance for properties that have experienced repetitive flood-related losses. For example, the bill expedites the voluntary buyouts of such property.
Additionally, the bill requires community plans for addressing repetitive loss properties and expands mitigation assistance for repairs to structures facing repetitive losses.
The bill also addresses the equity of NFIP mitigation assistance by requiring equity considerations in eligibility determinations, waiving the matching requirement for underserved communities, and expanding predisaster hazard mitigation assistance to high-risk communities.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7842 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7842
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
May 19, 2022
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 2022''.
SEC. 2. VOLUNTARY BUYOUTS IN LIEU OF FLOOD CLAIMS.
Section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C.
4019) is amended by adding at the end the following new subsection:
``(d) Expedited Voluntary Buyouts.--
``(1) Expedited assistance in lieu of claims.--The
Administrator may provide for expedited mitigation assistance
for cases in which a policyholder making a claim with respect
to a property expresses interest in a voluntary buyout in lieu
of a claims payment. Such determinations shall apply regardless
of location of a property in relation to an area designated as
an area having special flood hazards.
``(2) Eligibility.--The Administration may provide
expedited assistance under this subsection with respect to a
property only if both of the following requirements have been
met:
``(A) Property eligibility.--The insured property--
``(i) has been identified as a repetitive
loss or severe repetitive loss property;
``(ii) has been designated by the
participating community as substantially
damaged; or
``(iii) would otherwise be filing a claim
for the maximum level of coverage.
``(B) Community eligibility.--The relevant
community participating in the national flood insurance
program agrees to take title to the property in
accordance with the terms under section 404(b) of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c(b)) and has prioritized
mitigation to such property or to the area in which
such property is located through an appropriate action
or plan, as determined 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 provide.
``(3) Long-term benefits to fund.--Whenever claims are
filed and the conditions under paragraph (2) exist, the
Administrator shall expeditiously determine, considering
current and future risks, if a property buyout would result in
long-term benefits to the National Flood Insurance Fund. For
buyouts determined to be beneficial, amounts in the National
Flood Insurance Fund may be used immediately to make
acquisition offers under this subsection in lieu of full claims
payments. Such offers may exceed the amount of the claim and
shall comply with requirements for buyout offers authorized
under section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c). In no case shall
such expedited buyout offers delay or reduce the amount of
claims due to a policyholder for contents coverage or necessary
clean-up costs.''.
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) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Covered community.--The term `covered
community' means a community--
``(i) that is participating in the national
flood insurance program under section 1315 (42
U.S.C. 4022);
``(ii) within which are located--
``(I) not fewer 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) (42 U.S.C.
4101c(c)(2)(A)) have not been
conducted; and
``(iii) which has been identified by the
Administrator as a priority for assessment and
mitigation in accordance with the regulations
authorized by this section.
``(B) Repetitive loss structure.--The term
`repetitive loss structure' has the meaning given such
term in section 1370 (42 U.S.C. 4121).
``(C) Severe repetitive loss structure.--The term
`severe repetitive loss structure' has the meaning
given such term in section 1366(h) (42 U.S.C.
4101c(h)).
``(2) Requirements for covered communities.--The
Administrator shall, by regulation, require a covered community
to--
``(A) determine, with assistance from the
Administrator, the areas within the covered community
in which properties described in paragraph (1)(A)(ii)
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.
``(3) 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)).
``(4) 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 waiver or 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
small and impoverished 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.
``(5) 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.''.
SEC. 4. FLOOD MITIGATION ASSISTANCE.
(a) Authority.--Paragraph (2) of section 1366(a) 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'';
(i) in subparagraph (A)--
(I) in clause (i)--
(aa) by inserting ``,
equitable,'' after
``feasible''; and
(bb) by inserting ``over
the long term'' after ``cost-
effective''; and
(II) in clause (ii), by inserting
``repetitive loss or'' before
``severe''; and
(ii) 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 period 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
authorized by the Administrator, the appropriate level of
elevation shall incorporate appropriate freeboard or other
safety factor 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), by inserting before the period at the
end the following: ``, except in cases in which the repetitive
loss structure lies within an area identified under a local
plan adopted pursuant to section 1361(e) (42 U.S.C. 4102(e)).
In such cases, mitigation activities, including acquisitions,
shall be funded 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 new
paragraph:
``(3) Waiver of matching requirements for properties within
underserved communities.--The matching requirement under this
subsection shall be waived for the following properties:
``(A) Properties located within a census tract with
a Centers for Disease Control and Prevention Social
Vulnerability Index score of not less than 0.5001.
``(B) Properties serving as the primary residence
for a household having a household income of not more
than 100 percent of the applicable area median
income.''.
SEC. 5. PREDISASTER MITIGATION.
(a) Definitions.--Subsection (a) of section 203 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C 5133)
is amended to read as follows:
``(a) Definition of Small Impoverished Community and High-Risk
Community.--In this section--
``(1) the term `small impoverished community' means a
community of 3,000 or fewer individuals that is economically
disadvantaged, as determined by the State in which the
community is located and based on criteria established by the
President; and
``(2) the term `high-risk community' means a community that
has significant risk to health, safety, or economic stability
from natural disasters and also has limited resources to plan
for and mitigate against such risks, as determined by the
Administrator. In making such determination, the Administrator
may consider information on past natural disasters, claims
against the National Flood Insurance Fund, and other federal
expenditures for disaster response and recovery as well as data
related to size of the community, social vulnerability, poverty
levels, unemployment, housing shortages, or other factors that
affect the community's capacity to prepare for and recover from
natural disasters.''.
(b) State Recommendations.--Subparagraph (B) of section 203(d)(2)
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C 5133) is amended to read as follows:
``(B) Exceptions.--In providing assistance to local
governments under this section, the President may
select a local government has been identified as a
small impoverished community or a high-risk community,
or, if the President determines that extraordinary
circumstances justify the selection and that making the
selection will further the purpose of this section,
another community that has not been recommended by a
Governor under this subsection.''.
(c) Criteria for Assistance Awards.--Subsection (g) of section 203
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C 5133(g)) is amended--
(1) in paragraph (1) by inserting ``, including the
likelihood that identified hazards will increase in severity,
frequency, or impact in the future'' before the semicolon at
the end;
(2) in paragraph (8) by inserting ``, including securing
improved protections for vulnerable populations'' before the
semicolon at the end; and
(3) in paragraph (9) by inserting ``and high-risk
communities'' before the semicolon at the end.
(d) Federal Share.--Paragraph (2) of section 203(h) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C
5133(h)(2)) is amended to read as follows:
``(2) Small impoverished and high-risk communities.--
Notwithstanding paragraph (1), the President may contribute up
to 100 percent of the total cost of a mitigation activity
carried out in a small impoverished community or in a high-risk
community.''.
SEC. 6. HAZARD MITIGATION GRANT PROGRAM.
Subsection (b) of section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``section'' and replacing with
``Act or under the National Flood Insurance Act (42
U.S.C. 4001 et. seq.)''; and
(B) by inserting after the period at the end the
following: ``In providing such assistance, the
Administrator shall allow for participating property
owners, as well as any affected tenants, to be treated
as displaced persons under the Uniform Relocation
Assistance and Real property Acquisition Policies Act
of 1970 (42 U.S.C. 4601 et seq.).''; and
(2) by adding at the end the following new paragraph:
``(4) Special considerations.--In the case of an
acquisition or relocation project undertaken in cooperation
with a community which meets the criteria set forth under
subsection 1312(d) of the National Flood Insurance Act (42
U.S.C. 4019(d)), the Administrator may recognize for credit
toward necessary local cost shares any properly documented
expenditures related to such project which may have been made
before the date of the grant award. Such expenditures may
include costs related to structure inspections and appraisals,
title searches, outreach to potentially affected property
owners, real estate counseling and other necessary assistance,
and planning for reuse of the properties in compliance with
this subsection.''.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
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