I
116th CONGRESS
1st Session
H. R. 470
IN THE HOUSE OF REPRESENTATIVES
January 10, 2019
Mr. Luetkemeyer introduced the following bill; which was referred to the Committee on Financial Services
A BILL
To repeal the mandatory flood insurance coverage requirement for commercial properties located in flood hazard areas, and for other purposes.
Opt-out of mandatory coverage requirement for commercial properties
Amendments to Flood Disaster Protection Act of 1973
The Flood Disaster Protection Act of 1973 is amended—
in section 3(a) (42 U.S.C. 4003(a))—
in paragraph (10), by striking and
at the end;
in paragraph (11), by striking the period at the end and inserting ; and
; and
by adding at the end the following new paragraph:
residential improved real estate
means improved real estate that—
is primarily used for residential purposes, as defined by the Federal entities for lending regulation; and
secures financing or financial assistance provided through a federally related single family loan program, as defined by the Federal entities for lending regulation.
; and
in section 102 (42 U.S.C. 4012a)—
in subsection (b)—
in paragraph (1)(A)—
by inserting residential
before improved real estate
; and
by inserting residential
before building or mobile home
;
in paragraph (2)—
by inserting residential
before improved real estate
; and
by inserting residential
before building or mobile home
; and
in paragraph (3)—
in subparagraph (A), by inserting residential
before improved real estate
; and
in the matter after and below subparagraph (B), by inserting residential
before building or mobile home
;
in subsection (c)(3), by striking , in the case of any residential property, for any structure that is a part of such property
and inserting for any structure that is part of a residential property
;
in subsection (e)—
in paragraph (1)—
by inserting residential
before improved real estate
; and
by inserting residential
before building or mobile home
each place such term appears; and
in paragraph (5)—
in subparagraph (A)—
by inserting residential
before improved real estate
each place such term appears; and
by inserting residential
before building or mobile home
each place such term appears;
in subparagraph (B), by inserting residential
before building or mobile home
each place such term appears; and
in subparagraph (C), by inserting residential
before building or mobile home
; and
in subsection (h)—
by inserting residential
before improved real estate
each place such term appears; and
in the matter preceding paragraph (1), by inserting residential
before building or mobile home
.
Amendments to National Flood Insurance Act of 1968
The National Flood Insurance Act of 1968 is amended—
in section 1364(a) (42 U.S.C. 4104a(a))—
in paragraph (1), by inserting residential
before improved real estate
;
in paragraph (2), by inserting residential
before improved real estate
; and
in paragraph (3)(A), by inserting residential
before building
;
in section 1365 (42 U.S.C. 4104b)—
in subsection (a)—
by inserting residential
before improved real estate
; and
by inserting residential
before building
;
in subsection (b)(2)—
by inserting residential
before building
each place such term appears; and
by inserting residential
before improved real estate
each place such term appears;
in subsection (d), by inserting residential
before improved real estate
each place such term appears; and
in subsection (e)—
by inserting residential
before improved real estate
; and
by inserting residential
before building
each place such term appears; and
in section 1370 (42 U.S.C. 4121)—
in paragraph (8), by inserting residential
before improved real estate
;
by redesignating paragraphs (14) and (15) as paragraphs (15) and (16), respectively; and
by inserting after paragraph (13) the following new paragraph:
the term residential improved real estate
means improved real estate that—
is primarily used for residential purposes, as defined by the Federal entities for lending regulation; and
secures financing or financial assistance provided through a federally related single family loan program, as defined by the Federal entities for lending regulation;
.
Rule of construction
This section and the amendments made by this section may not be construed to prohibit the Administrator of the Federal Emergency Management Agency from offering flood insurance coverage under the National Flood Insurance Program for eligible non-residential properties, other residential multifamily properties, or structures financed with commercial loans, or to prohibit the purchase of such coverage for such eligible properties.