115th CONGRESS 2d Session |
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.
April 18, 2018
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
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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Scientific Flood Mapping Act”.
SEC. 2. Transfer of functions related to preparation of flood maps.
(a) 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—
(1) 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
(2) submit such report to Congress.
(b) 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).
(1) 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.
(2) 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.
(3) 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.
(d) 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.
SEC. 3. Conforming amendments.
(a) 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 subsections (b) and (e), and inserting “Director of the United States Geological Survey”.
(b) 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”.
(c) 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”.
(d) 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”.
(e) 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 subsections (d) and (k) of such section, and inserting “Director of the United States Geological Survey”.
(f) Appeals.—Section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104) is amended—
(1) by striking “Administrator” each place it appears and inserting “Director of the United States Geological Survey”; and
(2) in subsection (f), by striking “Federal Emergency Management Agency” and inserting “United States Geological Survey”.
(g) Scientific resolution panel.—Section 1363A of the National Flood Insurance Act of 1968 (42 U.S.C. 4101–1) is amended—
(1) by striking “Administrator” each place it appears and inserting “Director of the United States Geological Survey”;
(2) by striking “Federal Emergency Management Agency” each place it appears, except for subsection (d), and inserting “Director of the United States Geological Survey”; and
(A) by striking “the Federal Emergency Management Agency shall ensure that for each such community that—”;
(B) 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
(C) in paragraph (2), by inserting “the Federal Emergency Management Agency shall ensure that for each such community that”.
(h) Initial flood insurance rate maps.—The National Flood Insurance Act of 1968 is amended—
(1) 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
(2) 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.
(i) Identification of special flood hazards.—The National Flood Insurance Act of 1968 is amended—
(1) 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
(2) 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”.
SEC. 4. Technical Mapping Advisory Council.
Section 100215 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101a) is amended—
(1) by amending subsection (b) to read as follows:
“(b) Membership.—The members of the Council shall consist of the following, or a designee of the following—
“(1) The Director of the United States Geological Survey.
“(2) The Administrator.
“(3) The Secretary of Agriculture.
“(4) The Undersecretary of Commerce for Oceans and Atmosphere.
“(5) The Chief of Engineers of the Army Corps of Engineers.”;
(2) by amending subsection (e) to read as follows:
“(e) Chairperson.—The Chairperson of the Council shall be the Director of the United States Geological Survey.”; and
(A) by striking “, and may take action by a vote of the majority of the members”; and
(B) by adding at the end the following:
“(3) VOTING.—The Council may take action by a vote of the majority of the members, except that the Chairperson shall only vote in the case of a tie vote among the other members of the Council.”.
The National Flood Insurance Act of 1968 is amended—
(1) in subsection (a)(1)(B)(iii) of section 1307 (42 U.S.C. 4014), by striking “which shall be recovered by a fee charged to policyholders and such fee shall not be subject to any agent’s commissions, company expense allowances, or State or local premium taxes,”; and
(2) in section 1360, by adding at the end the following:
“(1) IN GENERAL.—To the extend 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.
“(2) CONSULTATION.—As part of the consultation under paragraph (1), the Director of the United States Geological Survey shall determine the amount of such fee.
“(3) 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.
“(4) 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.”.