I
116th CONGRESS
1st Session
H. R. 1402
IN THE HOUSE OF REPRESENTATIVES
February 27, 2019
Mr. Crawford introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Natural Resources, 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 transfer functions related to the preparation of flood maps from the Administrator of the Federal Emergency Management Agency to the Director of the United States Geological Survey, and for other purposes.
Short title
This Act may be cited as the Scientific Flood Mapping Act
.
Transfer of functions related to preparation of flood maps
Transfer plan
Not later than 6 months after the date of the enactment of this Act the Administrator of the Federal Emergency Management Agency and the Director of the United States Geological Survey shall—
jointly prepare a report describing the process by which the Administrator of the Federal Emergency Management Agency shall transfer to the Director of the United States Geological Survey of the Department of the Interior all functions related to the preparation of flood maps as required under section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) that the Administrator of the Federal Emergency Management Agency was responsible for performing on date of the enactment of this Act; and
submit such report to Congress.
Transfer of functions
Not later than 18 months after the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency shall transfer to the Director of the United States Geological Survey of the Department of the Interior the functions described in subsection (a).
Personnel
In general
Subject to paragraph (2), the personnel employed in connection with the offices and functions of the Federal Emergency Management Agency that are transferred under this Act shall be transferred to the United States Geological Survey.
Transition
The Administrator of the Federal Emergency Management Agency is authorized to use the services of such personnel employed in connection with the offices and functions of the Federal Emergency Management Agency that are transferred under this Act for such period of time as may reasonably be needed to facilitate the orderly transfer of such functions.
Effect
Any full-time or part-time personnel employed in permanent positions shall not be separated or reduced in grade or compensation because of the transfer under this Act during the 1-year period beginning on the date of the enactment of this Act.
Property and records
The contracts, liabilities, records, property, and other assets and interests of, or made available in connection with, the functions transferred under this Act shall be transferred to the United States Geological Survey for appropriate allocation.
Conforming amendments
Technical mapping advisory council
Section 100215 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101a) is amended by striking Administrator
each place it appears, except for subsection (b) of such section, and inserting Director of the United States Geological Survey
.
National flood mapping program
Section 100216 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b) is amended by striking Administrator
each place it appears, except for subsection (f) of such section, and inserting Director of the United States Geological Survey
.
Coordination
Section 100220 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101c) is amended—
by striking Administrator
each place it appears and inserting Director of the United States Geological Survey
; and
in the heading for subsection (b), by striking Administrator
and inserting United States Geological Survey
.
Remapping
Section 100229 of the Biggert-Waters Flood Insurance Reform Act of 2012 (126 Stat. 945) is amended by striking Administrator
each place it appears and inserting Director of the United States Geological Survey
, except for the second place such term appears in subsection (b)(4)(A) of such section and subsections (b)(4)(B) and (c)(2) of such section.
Identification of flood-Prone areas
Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) is amended by striking Administrator
each place it appears, except for subsection (d) of such section, and inserting Director of the United States Geological Survey
.
Appeals
Section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104) is amended—
by striking Administrator
each place it appears and inserting Director of the United States Geological Survey
; and
in subsection (f), by striking Federal Emergency Management Agency
and inserting United States Geological Survey
.
Scientific resolution panel
Section 1363A of the National Flood Insurance Act of 1968 (42 U.S.C. 4101–1) is amended—
by striking Administrator
each place it appears and inserting Director of the United States Geological Survey
;
by striking Federal Emergency Management Agency
each place it appears, except for subsection (d), and inserting Director of the United States Geological Survey
; and
in subsection (d)—
by striking , the Federal Emergency Management Agency shall ensure that for each such community that
;
in paragraph (1), by inserting the Director of the United States Geological Survey shall ensure that for each such community that
after the enumerator; and
in paragraph (2), by inserting the Federal Emergency Management Agency shall ensure that for each such community that
.
Initial flood insurance rate maps
The National Flood Insurance Act of 1968 is amended—
in section 1307(f) (42 U.S.C. 4014(f)), by inserting or the Director of the United States Geological Survey
after published by the Administrator
; and
in section 1312(b) (42 U.S.C. 4019(b)), by inserting or the Director of the United States Geological Survey
after published by the Administrator
both places it appears.
Identification of special flood hazards
The National Flood Insurance Act of 1968 is amended—
in paragraphs (1) and (2) of section 1364(a) (42 U.S.C. 4101a(a)(1) and (2)), by striking identified by the Administrator
both places such term appears and inserting identified by the Director of the United States Geological Survey
; and
in section 1365(a) (42 U.S.C. 4104b(a)), by striking identified by the Administrator
and inserting identified by the Director of the United States Geological Survey
.
Technical Mapping Advisory Council
Section 100215 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101a), as amended by the preceding provisions of this Act, is further amended—
in subsection (b)—
in paragraph (1)—
by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F), respectively;
by inserting before subparagraph (B), as so redesignated by clause (i) of this subparagraph, the following new subparagraph:
the Director of the United States Geological Survey;
; and
in subparagraph (F), as so redesignated by clause (i) of this subparagraph—
in the matter preceding clause (i), by striking 16
and inserting 17
;
in clause (xiii), by striking and
at the end;
in clause (xiv), by striking the period at the end and inserting ; and
; and
by adding at the end the following new clause:
a member of a recognized professional real estate brokerage association.
; and
in paragraph h(2), by striking paragraph (1)(E)
and inserting paragraph (1)(F)
; and
by amending subsection (e) to read as follows:
Chairperson
The Chairperson of the Council shall be the Director of the United States Geological Survey.
.
Federal policy fee
The National Flood Insurance Act of 1968 is amended—
in section 1307(a) (42 U.S.C. 4014(a))—
in paragraph (1)(B)(iii)—
by striking (including the costs of mapping activities under section 1360)
; and
by striking which shall be recovered by a fee charged to policyholders and such fee shall not be subject to any agents’ commissions, company expense allowances, or State or local premium taxes
and inserting but not including the costs of mapping activities under section 1360
; and
in paragraph (2), in the matter preceding subparagraph (A)—
by striking that shall not be not subject to any agents’ commission, company expenses allowances, or State or local premium taxes
;
by striking (including
and inserting but not including
; and
by striking the closing parentheses; and
in section 1360 (42 U.S.C. 4101), by adding at the end the following new subsection:
Mapping fee
In general
To the extent provided in advance in an appropriation Act, the Administrator, in consultation with the Director of the United States Geological Survey, shall charge policy holders a fee for the purpose of recovering the cost of mapping activities under this section.
Consultation
As part of the consultation under paragraph (1), the Director of the United States Geological Survey shall determine the amount of such fee.
Other considerations
The fee under this subsection shall not be subject to any agent’s commissions, company expense allowances, or State or local premium taxes.
Transfer of funds
The Administrator shall deposit the fees collected pursuant to paragraph (1) into a separate account in the Treasury to be called the Flood Insurance Risk Mapping Fund
, which shall be available to the Director of the United States Geological Survey for mapping activities under this section without further appropriation.
.