Public Law 108-264 (RFC)

30, 2004

118 STAT. 712

Public Law
l08th

'.VlJ-.u

An Act
To amend the National Flood Insurance Act of 1968 to reduce lo~;-es to
for which repetitive flood insurance claim payments have been

Be it enacted
the United States

of

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

note.

(a) SHORT TITLE.~This Act may be cited as the "Bunning­
Bereuter-Blumenauer Flood Insurance Reform Act of 2004".
(b) TABLE OF CONTENTS.~The table of contents for this Act
is as follows:
l.
2.

TITLE I-AMENDMENTS TO FLOOD INSURANCE ACT OF 1968
repetitive Joss
repetitive
Sec.

map
TITLE II-MISCELLANEOUS PROVlSIONS

anangements.
42 USC 4011
note.

SEC. 2. CONGRESSIONAL FINDINGS.

The

finds that­
national flood insurance programidentifies the flood
flood risk information to the public;
State and local governments to make
to constrict the
ex])os,ea to flood
and
and
CD)
flood
available
nationwide
basis that would otherwise not be
accelerate
(1)

118 STAT. 722

PUBLIC LAW 108-264-JUNE 30, 2004

(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b) the following:
"(c) ADMINISTRATIVE EXPENSES.-The Director may use not
more than 5 percent of amounts made available under subsection
(b) to cover salaries, expenses, and other administrative costs
incurred by the Director to make grants and provide assistance
under sections 1366 and 1323.".
(e) REDUCED COMMUNITY MATCH.-Section 1366(g) of the
National Flood Insurance Act of 1968 (42 U.S.C . 4104c(g», is
amended­
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
"(2) REDUCED COMMUNITY MATCH.-With respect to any
I-year period in which assistance is made available under this
section, the Director may adjust the contribution required under
paragraph (1) by any State, and for the communities located
in that State, to not less than 10 percent of the cost of the
activities for each severe repetitive loss property for which
grant amounts are provided if, for such year­
"(A) the State has an approved State mit igation plan
meeting the requirements for hazard mitigation planning
under section 322 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5165) that speci­
fies how the State intends to reduce the number of severe
repetitive loss properties; and
"(B) the Director determines, after consultation with
the State, that the State has taken actions to reduce the
number of such properties.".
(f) NATIONAL FLOOD MITIGATION FUND.-Section 1366(b)(2) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4104c(b)(2»,
is amended by striking "$1,500,000" and inserting "7.5 percent
of the available funds under this section".
SEC. 104. FEMA AUTHORITY TO FUND MITIGATION ACTIVITIES FOR
INDIVIDUAL REPETITIVE CLAIMS PROPERTmS.

(a) IN GENERAL.-Chapter I of the National Flood Insurance
Act of 1968 (42 U .S.C. 4011 et seq.) is amended by adding at
the end the following:
42

USC 4030.

"SEC. 1323. GRANTS FOR REPETITIVE INSURANCE CLAIMS PROP­
ERTms.

"(a) IN GENERAL.-The Director may provide funding for mitiga­
tion actions that reduce flood damages to individual properties
for which 1 or more claim payments for losses have been made
under flood insurance coverage under this title, but only if the
Director determines that­
"(1) such activities are in the best interest of the National
Flood Insurance Fund; and
"(2) such activities cannot be funded under the program
under section 1366 because­
"(A) the requirements of section 1366(g) are not being
met by the State or community in which the property
is located; or
"(B) the State or community does not have the capacity
to manage such activities.
"(b) PRIORITY FOR WORST-CASE PROPERTIES.-In determining
the properties for which funding is to be provided under this section,

PUBLIC LAW

lU~5-:':::b4---.,

2004

1

the Director shall consult with the States in which such
are located and provide assistance for properties in the order that
will result in the
amount of
to the National Flood
Insurance Fund in
shortest
of time.".
AVAILABILITY OF NATIONAL FLOOD INSURANCE FUND
AMOUNTS.-Section 1310(a) of the National Flood Insurance Act
at the end
of 1968 (42 U.S.C. 4017(a» is amended
the following;
"(9) for
not to exceed $10,000,000 in
fiscal

that,

year, for mitigation actions under section 1323,
notwithstanding any other provision of this
made

available pursuant to this
shall
be subject to

rates for flood insurance

collections
coverage under this title.".

SEC. 105. AMENDMENTS TO ADDITIONAL COVERAGE }'OR COMPLI·
ANCE WITH LAND USE AND CONTROL MEASURES.

COMPLIANCE WITH LAND USE AND CONTROL MEASURES.­
1304(b) of the National Flood Insurance Act of 1968 (42
U.S.C. 4011(b» is amended­
(1) in the matter preceding paragraph (1)­
(A) by striking "compliance" and inserting "imple­
menting measures that are consistent'" and
(B) by
"by the
after "established";
(2) in
by
flood
in

which the cost
or exceeds 50 percent
the

value of the structure
time of the flood

and
"are

in paragraph

use
control measures." and

of such measures; and"; and

(4)
inserting after paragraph
and before the last
the following:
which an offer of mitigation assistance
"(A) section 1366
Assistance Pro­
gram);
"(B) section
and Individual
"CC) the Hazard

under section 404 of the
T.

ance and
Relief Act (42 U.S.C.

"(D) the
Hazard Mitigation

section 203 of the Robert T. Stafford Disaster

and
Relief Act (42 U.S.C.
and

authorized or for which funds are
any unmet needs or for which
funds are made available.".
(b) DEFINITIONS.-Section 1370(a) of the National Flood Insur­
ance Act of 1968 (42 U.S.C.
is amended­
(1) by
(7) and
the following;

loss structure' means a structure

"(7) the term
covered by a contract
flood insurance that­
"(A) has incurred flood-related

in which the cost of
on the

exceeded 25 percent of
value of the

time of each such flood event; and

STAT.