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118th CONGRESS 1st Session H. R. 1361 IN THE HOUSE OF REPRESENTATIVES March 3, 2023 Mr. Jones (for himself; with thanks to Mr Payne) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To authorize the Director of the Bureau of Justice Assistance to make grants to States, units of local government, and gun dealers to conduct gun buyback programs, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Safer Neighborhoods Gun Buyback Act of 2023. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Gun Buyback Grant Program Sec. 101. Program authorized. Sec. 102. Applications. Sec. 103. Term of grant. Sec. 104. Smart prepaid cards. Sec. 105. Uses of funds. Sec. 106. Definitions. Sec. 107. Authorization of appropriations. Title II—Criminal Provision Sec. 201. Use of smart prepaid card in the acquisition or transfer of a firearm. I Gun buyback grant program 101. Program authorized (a) In general The Director of the Bureau of Justice Assistance (referred to in this title as the Director) may make grants to eligible entities to conduct gun buyback programs. (b) Eligible entity defined In this title, the term eligible entity means— (1) a State; (2) a unit of local government; or (3) a gun dealer if neither the unit of local government nor the State where such dealer is located receives a grant under this title. 102. Applications (a) Grants The chief executive of an eligible entity seeking a grant under this title shall submit an application to the Director at such time and containing such information as the Director may reasonably require. (b) Subgrants A gun dealer located in a unit of local government or State that does receive a grant under this title seeking a subgrant shall submit an application to the chief executive of such unit of local government or State at such time and containing such information as the chief executive may reasonably require, including proof of such dealer’s license under section 923 of title 18, United States Code. 103. Term of grant (a) Term The term of a grant awarded under this title shall be two years. (b) Availability of grant funds (1) States or units of local government A State or unit of local government that receives a grant under this title shall return to the Director any remaining smart prepaid cards and any unused portion of such grant at the end of the two-year and 270-day period beginning on the date that the grant was awarded. (2) Gun dealers A gun dealer that receives a grant or subgrant under this title shall return to the Director any remaining smart prepaid cards and any unused portion of such grant or subgrant that was allocated to be used to buy back guns— (A) in the case of a gun dealer receiving a grant, at the end of the two-year period beginning on the date that the grant was awarded; or (B) in the case of a gun dealer receiving a subgrant, at the end of the two-year period beginning on the date that the grant was awarded to the State or unit of local government from which the gun dealer received a subgrant. (c) Amounts returned The Director shall return to the general fund of the Treasury any amounts returned under subsection (b). 104. Smart prepaid cards (a) In general In conducting the grant program authorized under section 101, the Director may reserve such funds as may be necessary to acquire and distribute smart prepaid cards to eligible entities that receive grants under this title. The Director shall distribute the smart prepaid cards without any funds loaded onto the cards. (b) Market value of guns The Director shall determine the market value of each gun that the Director determines should be included in the gun buyback program and make such information publicly available. (c) Prohibition on use of cards To buy guns (1) In general A person may not use a smart prepaid card in the acquisition of a gun or ammunition, and a person may not accept a smart prepaid card in the transfer (including a loan) of a gun or ammunition. (2) Penalty A person that violates paragraph (1) shall pay to the Director an amount that is equal to the value of the prohibited sale. 105. Uses of funds (a) States and units of local government A State or unit of local government receiving a grant under this title shall use such funds to do the following: (1) Gun buyback program Use such funds to— (A) conduct a gun buyback program; or (B) make subgrants to gun dealers in such State or unit of local government to conduct gun buyback programs, and distribute the smart prepaid cards such State or unit of local government receives to gun dealers receiving subgrants. (2) Gun and ammunition recycling program Use not more than 10 percent of such funds to recycle the guns and ammunition that such State or unit of local government collects or receives from gun dealers. (3) Administrative costs Use not more than 15 percent of such funds for the administrative costs of carrying out the grant program under this title, including the criminal database checks under subsection (f). (b) Gun dealers (1) In general A gun dealer receiving a grant or subgrant under this title shall use such funds to conduct a gun buyback program. (2) Smart prepaid card amounts (A) In order to purchase a gun through a gun buyback program, a gun dealer shall load onto a smart prepaid card 125 percent of the market value of the gun that the individual wishes to dispose of (as determined by the Director under section 104(b)). (B) A gun dealer may increase the purchase price of a gun and load an amount onto a smart prepaid card that is greater than 125 percent of the market value of the gun if the gun dealer determines that the gun has been altered in a way that would increase the market value of the gun (such as an altered grip, or the addition of a scope). (3) Guns received (A) In the case of a gun dealer receiving a grant under this title, the gun dealer shall deliver a gun or ammunition the dealer receives under the gun buyback program to the closest office of the Bureau of Alcohol, Tobacco, Firearms and Explosives not later than 60 days after receiving such gun. (B) In the case of a gun dealer receiving a subgrant under this title, the gun dealer shall deliver a gun or ammunition the dealer receives under the gun buyback program to the State or unit of local government from which it receives the subgrant not later than 60 days after receiving such gun. (c) Ammunition collection A State, unit of local government, or gun dealer conducting a gun buyback program under this title may accept ammunition from individuals wishing to dispose of it, which shall be recycled in accordance with paragraph (3), but may not use smart prepaid cards to purchase ammunition under the gun buyback program. (d) Incentives for gun dealer participation To the extent that the Director determines necessary to facilitate participation of gun dealers in the gun buyback program, grant funds may be used to provide monetary or other incentives to gun dealers to participate in such program. For purposes of subsection (a), any such incentives shall be treated as part of the subgrant to the gun dealer described in paragraph (1)(B) thereof. (e) Resale of guns prohibited A State, unit of local government, or gun dealer conducting a gun buyback program under this title may not sell a gun or ammunition received under such program. (f) Criminal database check A State, unit of local government, or office of the Bureau of Alcohol, Tobacco, Firearms and Explosives that receives a gun under a gun buyback program under this title shall, not later than 21 days after receiving the gun, use any database accessible to the State, unit of local government, or office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, as applicable, in order to determine whether the gun was used in the commission of a crime. If such a gun was used in the commission of a crime, the gun shall be delivered to the appropriate prosecuting authority. 106. Definitions In this title: (1) Ammunition The term ammunition has the meaning given such term in section 921(a)(17)(A) of title 18, United States Code. (2) Gun The term gun means firearm as defined in section 921(a)(3) of title 18, United States Code. (3) Gun buyback program The term gun buyback program means a program under which a State, a unit of local government, or a gun dealer, using smart prepaid cards as described in section 105(b)(2), purchases back from individuals wishing to dispose of them, a gun identified by the Director under section 104(b). (4) Gun dealer The term gun dealer means a dealer of firearms licensed under section 923 of title 18, United States Code. (5) Smart prepaid card The term smart prepaid card means a card issued by the Director that— (A) is redeemable at multiple, unaffiliated merchants or service providers; (B) contains a mechanism, for the purpose of preventing the cardholder from using it to purchase a gun or ammunition, that recognizes the merchant category code of a merchant and prohibits the use of such card at a place of business subject to a license to deal in firearms under section 923 of title 18, United States Code; (C) is honored, upon presentation, by merchants solely for goods or services, except for merchants described in subparagraph (B); (D) is loaded on a prepaid basis by a State, unit of local government, or gun dealer for use in a gun buyback program; (E) clearly and conspicuously bears the words THIS CARD MAY NOT BE USED TO PURCHASE A GUN OR AMMUNITION in capital and raised letters on the card; and (F) may not redeemed for coins or currency. (6) State The term State means each of the 50 States, the District of Columbia, or any commonwealth, territory, or possession of the United States. 107. Authorization of appropriations There is authorized to be appropriated $360,000,000 for each of fiscal years 2022 through 2024 to carry out this title. II Criminal provision 201. Use of smart prepaid card in the acquisition or transfer of a firearm (a) In general Chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Use of smart prepaid card in the acquisition or transfer of a firearm Whoever, in or affecting interstate or foreign commerce, uses a smart prepaid card (as such term is defined in section 106 of the Safer Neighborhoods Gun Buyback Act of 2017) in connection with the acquisition of, or accepts a smart prepaid card in connection with the transfer (including a loan) of a firearm or ammunition shall be fined under this title, imprisoned for not more than 2 years, or both. . (b) Clerical amendments (1) Conforming amendment Section 924(a)(1) of title 18, United States Code, is amended by inserting after section 929 the following: or section 932. (2) Table of sections The table of sections at the beginning of chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 931 the following: 932. Use of smart prepaid card in the acquisition or transfer of a firearm.

IV 118th CONGRESS IN THE SENATE June 9, 2023 Mr. Jones(for himself; with thanks to Mr. Payne) submitted the following resolution; which was referred to the Committee on Oversight and Accountability RESOLUTION Supporting the designation of the week of June 12 through June 18, 2023, as National Men’s Health Week. Whereas, despite advances in medical technology and research, men continue to live an average of more than 5 years less than women, and American Indian/Alaska Native and African-American men have the lowest life expectancy; Whereas heart disease, cancer, diabetes, and unintentional injuries, according to the Centers for Disease Control and Prevention, lead to death in men at a higher percentage than women; Whereas suicide is among the top 10 causes of death for men, and ranks as the second highest cause of death for men in 2 age groups, from ages 1 through 19 and ages 20 through 44; Whereas men on average experience a heart attack 7 years earlier than women; Whereas testicular cancer is one of the most common cancers in men between the ages of 15 and 34, and when detected early, has a 95-percent survival rate; Whereas, according to the American Cancer Society, the number of colorectal cancer cases among men is expected to be over 80,000 in 2022, and over 28,320 men are expected to die from it; Whereas, according to the Centers for Disease Control and Prevention, 13 out of every 100 American men will develop prostate cancer during their lifetime; Whereas, according to the American Cancer Society, an estimated 268,490 men will be diagnosed with prostate cancer in 2022, and an estimated 34,500 of them will die from the disease; Whereas African-American men in the United States have the highest incidence of prostate cancer; Whereas African-American men are 1.7 times more likely to be diagnosed with, and 2.1 times more likely to die from, prostate cancer than White men; Whereas significant numbers of predominantly male-related health problems, such as prostate cancer, testicular cancer, infertility, and colon cancer, could be detected and treated in the early stages if men were more widely aware of the many early detection and screening tools and preventive measures currently available; Whereas educating both the public and health care providers about the importance of early detection of male health problems will result in reducing rates of mortality for these diseases; Whereas appropriate use of tests such as prostate-specific antigen (PSA) exams and blood pressure and cholesterol screens, in conjunction with clinical examination and self-testing for problems such as testicular cancer, can result in the detection of many of these problems in their early stages and increases in the survival rates to nearly 100 percent; Whereas, according to the 2019 Cleveland Clinic MENtion It Survey, two-thirds (65 percent) of men tend to wait as long as possible to see their doctor if they have any health symptoms or an injury, and among men surveyed, men ages 35 to 54 are more likely to agree they tend to tough it out as long as possible before going to the doctor (72 percent), compared to men 55 and up (59 percent); Whereas women are twice as likely as men to visit the doctor for annual examinations and preventive services; Whereas men are less likely than women to visit their health center or physician for regular screening examinations of male-related problems for a variety of reasons, including fear of learning or confirming health status or condition, embarrassment, lack of health insurance, lack of information, and high out-of-pockets costs; Whereas National Men’s Health Week was established by Congress and first celebrated in 1994 and urges men and their families to engage in appropriate health behaviors, and the resulting increased awareness has improved health-related education and helped prevent illness; Whereas the Governors of all 50 States have issued proclamations annually declaring Men’s Health Week in their States, as have mayors of over 350 cities; Whereas, since 1994, National Men’s Health Week has been celebrated each June by hundreds of States, cities, localities, public health departments, health care entities, churches, and community organizations throughout the Nation that promote health awareness events focused on men and families; Whereas the National Men’s Health Week website has been established at www.menshealthmonth.org and features proclamations from Governors and mayors, and National Men’s Health Week events; Whereas men who are educated about the value that preventive health care can play in prolonging their lifespan and their role as productive family members will be more likely to participate in health screenings; Whereas men and their families are encouraged to increase their awareness of the importance of a healthy lifestyle, regular exercise, and medical checkups; and Whereas June 12 through June 18, 2023, is National Men’s Health Week, which has the purpose of heightening the awareness of preventable health problems and encouraging early detection and treatment of disease among men and boys: Now, therefore, be it That the House of Representatives— (1) supports the annual National Men’s Health Week; and (2) requests that the President issue a proclamation calling upon the people of the United States and interested groups to observe National Men’s Health Week with appropriate ceremonies and activities.

118th CONGRESS IN THE SENATE Mr. Jones (for himself; with thanks to Mr. Payne) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To improve men’s health initiatives, and for other purposes. 1. Short title This Act may be cited as the Men’s Health Awareness and Improvement Act. 2. Findings The Congress finds the following: (1) Risks to the health and well-being of the Nation’s men (and our families) are on the rise due to a lack of education on, awareness of, and pursuit of preventive screening and care. For instance— (A) men are leading in 9 out of the top 10 causes of death; (B) the lifespan gender gap has expanded to 5.9 years with the average age of death for men being 73.2 years versus 79.1 years for women; and (C) in the United States, men die at an overall rate 1.4 times higher than women. (2) While this health crisis is of particular concern to men, it is also a concern for women regarding their fathers, husbands, sons, and brothers. (3) Men’s health is a concern to the Federal Government and State governments, which absorb the enormous costs of premature death and disability, including the costs of caring for dependents who are left behind. (4) According to the Social Security Administration, 16.8 percent of widows 65 years of age or older are impoverished, compared to 4.9 percent of married women 65 years of age or older. (5) Educating men, their families, and health care providers about the importance of early detection of health issues that can impact men, such as cardiovascular disease, mental health, HIV/AIDS, osteoporosis, cancer (lung, prostate, skin, colorectal, testicular, and more), and other pertinent health issues, can result in reducing rates of mortality of diseases impacting males, as well as improve the health of the Nation’s males and its overall economic well-being. (6) Of concern is the physical, mental, and emotional well-being of our military men (and women) returning from war zones and our veterans. (7) Recent scientific studies have shown that regular medical exams, preventive screenings, regular exercise, and healthy eating habits can save lives. (8) According to the American Foundation for Suicide Prevention, men are nearly four times as likely to commit suicide. (9) Appropriate use of tests such as prostate cancer screening exams, blood pressure tests, blood glucose testing, lipid panel testing, and colorectal screenings, in conjunction with clinical exams or self-testing, can result in the early detection of many problems and increased survival rates. (10) Men’s health is a concern for employers who pay the costs of medical care and lose productive employees. (11) According to the National Cancer Institute, cancer mortality is higher among men than women (185.5 per 100,000 men and 135.7 per 100,000 women). (12) In 2020, national expenditures for cancer care in the United States were $208.9 billion. (13) Prostate cancer is the most frequently diagnosed cancer in the United States among men. One in 9 men will be diagnosed with prostate cancer in their lifetime. This year alone, over 288,300 men will be newly diagnosed with prostate cancer and 34,700 men with prostate cancer will die. Costs associated with prostate cancer detection and treatments were $15.3 billion in 2018 in the United States, and such costs are estimated to increase. Prostate cancer rates increase sharply with age, and more than 90 percent of such cases are diagnosed in men age 55 and older. The incidence of prostate cancer is 50 percent higher in African-American men, who are twice as likely to die from such cancer. There are over 3,100,000 men in the United States living with prostate cancer. (14) It is estimated that, in 2023, approximately 117,500 men in the United States will be diagnosed with lung cancer, and an estimated 67,160 men will die from lung cancer. (15) It is estimated that, in 2023, approximately 82,060 men in the United States will be diagnosed with colorectal cancer, and 28,470 men will die from colorectal cancer. (16) Men make up over half the diabetes patients aged 18 and over in the United States (18.9 million men total) and over 1/3 of them don’t know it. Approximately 37.3 million people in the United States are living with diabetes, and men are more likely to die from the disease. In the United States, 96 million people aged 18 and older, 45.3 million men, and 50.7 million women have prediabetes. People with diagnosed diabetes have medical expenditures that are 2.3 times higher than patients without diabetes, and the estimated cost of diabetes in 2017 was $327 billion. (17) A research study found that premature death and morbidity in men costs Federal, State, and local governments in excess of $142 billion annually. It also costs United States employers, and society as a whole, in excess of $156 billion annually and an additional $181 billion annually in decreased quality of life. (18) Over 9,190 men will be diagnosed in 2023 with testicular cancer, and 470 of these men will die from this disease. A common reason for delay in treatment of this disease is a delay in seeking medical attention after discovering a testicular mass. (19) Men over the past decade have shown poorer health outcomes than women across all racial and ethnic groups as well as socioeconomic status. (20) Healthy fathers can be role models for their children, leading by example, and encouraging them to lead healthy lifestyles. (21) Establishing an Office of Men’s Health is needed to investigate these findings and take further action to promote awareness of men’s health needs. 3. Establishment of Office of Men’s Health Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by adding at the end the following: 1712. Office of Men’s Health (a) In general The Secretary shall establish within the Department of Health and Human Services an office to be known as the Office of Men’s Health, which shall be headed by a director to be appointed by the Secretary. (b) Activities The Director of the Office of Men’s Health shall— (1) conduct, support, coordinate, and promote programs and activities to improve the state of men’s health in the United States, including by working with the Department of Veterans Affairs, the Department of Defense, and the Office of Personnel Management; and (2) consult with the offices and agencies of the Department of Health and Human Services for the purposes of— (A) coordinating public awareness, education, and screening programs and activities relating to men’s health, with an emphasis on colorectal cancer, prostate cancer, diabetes, cholesterol, and mental health screening programs for men identified as being at increased risk of developing such conditions and diseases; (B) coordinating programs and activities under title XVIII of the Social Security Act relating to men’s health, including colorectal cancer, prostate cancer, diabetes, cholesterol, and mental health screening programs; and (C) establishing and maintaining a database of best practices, clinical guidelines, current clinical research published, and funded and active requests for grant proposals in order to promote high-quality assurance and improved understanding of clinical issues affecting men. (c) Report Not later than two years after the date of the enactment of this section, the Director of the Office of Men’s Health shall submit to the Congress a report describing the activities of such Office, including findings by the Director regarding men’s health. . 4. Guidance Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance regarding the improvement of men’s health outcomes under section 1712 of the Public Health Service Act, as added by section 3, that includes— (1) the development of short-range and long-range goals and objectives within the Department of Health and Human Services, in coordination with other appropriate offices of the Department, that relate to disease prevention, health promotion, service delivery, research, and public and health care professional education for issues of particular concern to men throughout their lifespan; and (2) recommendations for enhancing the Department’s outreach with respect to men’s health. 5. Study and reports (a) OASH study Not later than one year after the date of the enactment of this Act, the Assistant Secretary for Health of the Department of Health and Human Services (referred to in this section as the Assistant Secretary), in collaboration with the Director of the National Cancer Institute and the Director of the National Institute of Mental Health, shall conduct a study on the following: (1) Whether underscreening or underdiagnosis of men’s health issues exist, with emphasis on colorectal cancer, prostate cancer, mental health, and other health concerns for which men are at a great risk. (2) Causes of any such underscreening or underdiagnosis. (3) Whether men underutilize health services. (4) Causes of any such underutilization. (b) OASH report Not later than 18 months after the date of the enactment of this Act, the Assistant Secretary shall submit to the appropriate committees of Congress a report on the findings of the study conducted under subsection (a) and include any recommendations resulting from such findings. (c) GAO report Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report detailing the effectiveness of Federal agency outreach with respect to men’s health initiatives.

118th CONGRESS IN THE HOUSE OF REPRESENTATIVES June 21, 2023 Mr. Jones(for himself; with thanks to Mr. Payne) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 titles XVIII and XIX of the Social Security Act to provide for coverage of peripheral artery disease screening tests furnished to at-risk beneficiaries under the Medicare and Medicaid programs without the imposition of cost-sharing requirements, and for other purposes. 1. Short title; findings (a) Short title This Act may be cited as the Amputation Reduction and Compassion Act of 2023 or the ARC Act of 2023. (b) Findings Congress makes the following findings: (1) Atherosclerosis occurs when blood flow is reduced because arteries become narrowed or blocked with fatty deposits. (2) Atherosclerosis is responsible for more deaths in the United States than any other condition, and heart attacks, resulting from clogged coronary arteries, are the leading cause of death in America. (3) Atherosclerosis also occurs in the legs and is known as peripheral artery disease (in this subsection referred to as PAD) and having PAD significantly increases the risk for heart attack, stroke, amputation, and death. (4) While most Americans are aware of atherosclerosis in the heart, many Americans have never heard of PAD and Americans with PAD are often unaware of the serious risks of the disease. (5) An estimated 21 million Americans have PAD, and about 200,000 of them—disproportionately minorities—suffer avoidable amputations every year as a result of such disease. (6) According to the Dartmouth Atlas, amputation risks for African Americans living with diabetes are as much as four times higher than the national average. (7) Data analyses have similarly found that Native Americans are more than twice as likely to be subjected to amputation and Hispanics are up to 75 percent more likely to have an amputation. (8) Fifty-two percent of patients with an above-the-knee amputation and 33 percent of patients with a below-the-knee amputation will die within two years of their amputation. (9) Screening and arterial testing for PAD is cost-effective and should be part of routine medical care. (10) Once PAD is detected, amputations and deaths can be reduced through the use of national, evidence-based PAD care guidelines. (11) Americans with a PAD diagnosis are associated with a 67-percent increase in the risk of cardiac death compared to people without a PAD diagnosis. Consequently, screening for PAD enables health care professionals to identify cardiac risk factors earlier and take proactive measures to reduce the risk of cardiac death. 2. Peripheral artery disease education program Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following new section: 399V–7. Peripheral artery disease education program (a) Establishment The Secretary, acting through the Director of the Centers for Disease Control and Prevention, in collaboration with the Administrator of the Centers for Medicare & Medicaid Services, the Administrator of the Health Resources and Services Administration, leading clinical and patient advocacy organizations, and other interested stakeholders shall establish and coordinate a peripheral artery disease education program to support, develop, and implement educational initiatives and outreach strategies that inform health care professionals and the public about the existence of peripheral artery disease and methods to reduce amputations related to such disease, particularly with respect to at-risk populations. (b) Best practices The Secretary shall, as appropriate, identify and disseminate to health care professionals best practices with respect to peripheral artery disease. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $6,000,000 for each of fiscal years 2024 through 2028. . 3. Medicare coverage of peripheral artery disease screening tests furnished to at-risk beneficiaries without imposition of cost-sharing requirements (a) In general Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended— (1) in subsection (s)(2)— (A) in subparagraph (JJ), by striking the semicolon at the end and inserting ; and; and (B) by adding at the end the following new subparagraph: (KK) peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in subsection (nnn)). ; and (2) by adding at the end the following new subsection: (nnn) Peripheral artery disease screening test; At-Risk beneficiary (1) The term peripheral artery disease screening test means— (A) noninvasive physiologic studies of extremity arteries (commonly referred to as ankle-brachial index testing); (B) arterial duplex scans of lower extremity arteries vascular; and (C) such other items and services as the Secretary determines, in consultation with relevant stakeholders, to be appropriate for screening for peripheral artery disease for at-risk beneficiaries. (2) The term at-risk beneficiary means an individual entitled to, or enrolled for, benefits under part A and enrolled for benefits under part B— (A) who is 65 years of age or older; (B) who is at least 50 years of age but not older than 64 years of age with risk factors for atherosclerosis (such as diabetes mellitus, a history of smoking, hyperlipidemia, and hypertension) or a family history of peripheral artery disease; (C) who is younger than 50 years of age with diabetes mellitus and one additional risk factor for atherosclerosis; or (D) with a known atherosclerotic disease in another vascular bed such as coronary, carotid, subclavian, renal, or mesenteric artery stenosis, or abdominal aortic aneurysm. (3) The Secretary shall, in consultation with appropriate organizations, establish standards regarding the frequency for peripheral artery disease screening tests described in subsection (s)(2)(KK) for purposes of coverage under this title. . (b) Inclusion of peripheral artery disease screening tests in initial preventive physical examination Section 1861(ww)(2) of the Social Security Act (42 U.S.C. 1395x(ww)(2)) is amended— (1) in subparagraph (N), by moving the margins of such subparagraph 2 ems to the left; (2) by redesignating subparagraph (O) as subparagraph (P); and (3) by inserting after subparagraph (N) the following new subparagraph: (O) Peripheral artery disease screening tests furnished to at risk-beneficiaries (as such terms are defined in subsection (nnn)). . (c) Payment (1) In general Section 1833(a) of the Social Security Act (42 U.S.C. 1395l(a)) is amended— (A) in paragraph (1)— (i) in subparagraph (N), by inserting and other than peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in section 1861(nnn)) after other than personalized prevention plan services (as defined in section 1861(hhh)(1)); (ii) by striking and before (HH); and (iii) by adding at the end the following: and (II) with respect to peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in section 1861(nnn)), the amount paid shall be 100 percent of the lesser of the actual charge for the services or the amount determined under the payment basis determined under section 1848;; and (B) in paragraph (2)— (i) in subparagraph (G), by striking and at the end; (ii) in subparagraph (H), by striking the semicolon at the end and inserting ; and; and (iii) by inserting after subparagraph (H) the following new subparagraph: (I) with respect to peripheral artery disease screening tests (as defined in paragraph (1) of section 1861(nnn)) furnished by an outpatient department of a hospital to at-risk beneficiaries (as defined in paragraph (2) of such section), the amount determined under paragraph (1)(II); . (2) No deductible Section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended, in the first sentence— (A) by striking , and before (13); and (B) by inserting before the period at the end the following: , and (14) such deductible shall not apply with respect to peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in section 1861(nnn)). (3) Exclusion from prospective payment system for hospital outpatient department services Section 1833(t)(1)(B)(iv) of the Social Security Act (42 U.S.C. 1395l(t)(1)(B)(iv)) is amended— (A) by striking , or personalized and inserting , personalized; and (B) by inserting , or peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in section 1861(nnn)) after personalized prevention plan services (as defined in section 1861(hhh)(1)). (4) Conforming amendment Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w–4(j)(3)42 U.S.C. 1395w–4(j)(3)42 U.S.C. 1395w–4(j)(3)42 U.S.C. 1395w–4(j)(3)42 U.S.C. 1395w–4(j)(3)) is amended by striking (2)(FF) (including administration of the health risk assessment) , and inserting (2)(FF) (including administration of the health risk assessment), (2)(KK),. (d) Exclusion from coverage and Medicare as secondary payer for tests performed more frequently than allowed Section 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)(1)) is amended— (1) in subparagraph (O), by striking and at the end; (2) in subparagraph (P), by striking the semicolon at the end and inserting , and; and (3) by adding at the end the following new subparagraph: (Q) in the case of peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in section 1861(nnn)), which are performed more frequently than is covered under such section; . (e) Authority To modify or eliminate coverage of certain preventive services Section 1834(n) of the Social Security Act (42 U.S.C. 1395m(n)) is amended— (1) by redesignating subparagraphs (A) and (B) of paragraph (1) as clauses (i) and (ii), respectively, and moving the margins of such clauses, as so redesignated, 2 ems to the right; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving the margins of such subparagraphs, as so redesignated, 2 ems to the right; (3) by striking Certain Preventive Services and all that follows through any other provision of this title and inserting: Certain Preventive Services.— (1) In general Notwithstanding any other provision of this title ; and (4) by adding at the end the following new paragraph: (2) Inapplicability The Secretarial authority described in paragraph (1) shall not apply with respect to preventive services described in section 1861(ww)(2)(O). . (f) Effective date The amendments made by this section shall apply with respect to items and services furnished on or after January 1, 2024. 4. Medicaid coverage of peripheral artery disease screening tests furnished to at-risk beneficiaries without imposition of cost-sharing requirements (a) In general Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended— (1) in subsection (a)— (A) in paragraph (30), by striking and at the end; (B) by redesignating paragraph (31) as paragraph (32); and (C) by inserting after paragraph (30) the following new paragraph: (31) peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in subsection (jj)); and ; and (2) by adding at the end the following new subsection: (jj) Peripheral artery disease screening test; At-Risk beneficiary (1) Peripheral artery disease screening test The term peripheral artery disease screening test means— (A) noninvasive physiologic studies of extremity arteries (commonly referred to as ankle-brachial index testing); (B) arterial duplex scans of lower extremity arteries vascular; and (C) such other items and services as the Secretary determines, in consultation with relevant stakeholders, to be appropriate for screening for peripheral artery disease for at-risk beneficiaries. (2) At-risk beneficiary The term at-risk beneficiary means an individual enrolled under a State plan (or a waiver of such plan)— (A) who is 65 years of age or older; (B) who is at least 50 years of age but not older than 64 years of age with risk factors for atherosclerosis (such as diabetes mellitus, a history of smoking, hyperlipidemia, and hypertension) or a family history of peripheral artery disease; (C) who is younger than 50 years of age with diabetes mellitus and one additional risk factor for atherosclerosis; or (D) with a known atherosclerotic disease in another vascular bed such as coronary, carotid, subclavian, renal, or mesenteric artery stenosis, or abdominal aortic aneurysm. (3) Frequency The Secretary shall, in consultation with appropriate organizations, establish standards regarding the frequency for peripheral artery disease screening tests described in subsection (a)(31) for purposes of coverage under a State plan under this title. . (b) No cost sharing (1) In general Subsections (a)(2) and (b)(2) of section 1916 of the Social Security Act (42 U.S.C. 1396o) are each amended— (A) in subparagraph (I), by striking or at the end; (B) in subparagraph (J), by striking ; and and inserting , or; and (C) by adding at the end the following new subparagraph: (K) peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in section 1905(jj)); and . (2) Application to alternative cost sharing Section 1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o–1(b)(3)(B)42 U.S.C. 1396o–1(b)(3)(B)42 U.S.C. 1396o–1(b)(3)(B)42 U.S.C. 1396o–1(b)(3)(B)42 U.S.C. 1396o–1(b)(3)(B)) is amended by adding at the end the following new clause: (xv) Peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in section 1905(jj)). . (c) Conforming amendments (1) Section 1902(nn)(3) of the Social Security Act (42 U.S.C. 1396a(nn)(3)) is amended by striking following paragraph (31) and inserting following paragraph (32). (2) Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by striking following paragraph (31) and inserting following paragraph (32). 5. Development and implementation of quality measures (a) Development The Secretary of Health and Human Services (referred to in this section as the Secretary) shall, in consultation with relevant stakeholders, develop quality measures for nontraumatic, lower-limb, major amputation that utilize appropriate diagnostic screening (including peripheral artery disease screening) in order to encourage alternative treatments (including revascularization) in lieu of such an amputation. (b) Implementation Not later than 18 months after the date of enactment of this Act, the Secretary shall complete appropriate testing and validation of the measures developed under subsection (a) and shall incorporate such measures in quality reporting programs for appropriate providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), including for purposes of— (1) the merit-based incentive payment system under section 1848(q) of such Act (42 U.S.C. 1395w–4(q)42 U.S.C. 1395w–4(q)42 U.S.C. 1395w–4(q)42 U.S.C. 1395w–4(q)42 U.S.C. 1395w–4(q)); (2) incentive payments for participation in eligible alternative payment models under section 1833(z) of such Act (42 U.S.C. 1395l(z)); (3) the shared savings program under section 1899 of such Act (42 U.S.C. 1395jjj); (4) models under section 1115A of such Act (42 U.S.C. 1315a); and (5) such other payment systems or models as the Secretary may specify. 6. Amputation prevention pilot program (a) In general Section 1115A(b)(2)(B) of the Social Security Act (42 U.S.C. 1315a(b)(2)(B)) is amended by adding at the end the following new clause: (xxviii) Promoting voluntary, nontraumatic lower-limb major amputation prevention programs at hospitals, ambulatory surgical centers, and office-based centers that will increase access to amputation prevention services, reduce amputation rates, and reduce costs to such hospitals, surgical centers, and office-based centers, through— (I) patient risk modification and management; (II) early screening and detection and surveillance; (III) testing and treatment for peripheral artery disease; and (IV) improved care coordination for individuals at high risk for amputation. . (b) Testing of model Not later than 18 months after the date of the enactment of this Act, the Deputy Administrator and Director of the Center for Medicare and Medicaid Innovation shall test the model described under subsection (a).

I 118th CONGRESS IN THE SENATE Mr. Jones (for himself; with thanks to Mr. Norcross) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, 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 expand the take-home prescribing of methadone through pharmacies. 1. Short title This Act may be cited as the Modernizing Opioid Treatment Access Act. 2. Expansion of methadone for opioid use disorder through prescribing and pharmacies (a) Registration; other care by telehealth (1) Definitions In this subsection: (A) Controlled substance; detoxification treatment; dispense; maintenance treatment; opioid The terms controlled substance, detoxification treatment, dispense, maintenance treatment, and opioid have the meanings given the terms in section 102 of the Controlled Substances Act (21 U.S.C. 802). (B) Secretary The term Secretary means the Secretary of Health and Human Services. (2) Waiver (A) In general The requirements of section 303(h) of Controlled Substances Act (21 U.S.C. 823(h)) applicable to methadone medication for opioid use disorder are waived, and the Attorney General, in consultation with the Secretary, shall register persons described in subparagraph (B) to prescribe methadone for opioid use disorder to be dispensed through a pharmacy for individuals for unsupervised use. (B) Persons described Persons described in this subparagraph are persons who— (i) are licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which they practice, to prescribe controlled substances in the course of professional practice; and (ii) are— (I) employees or contractors of an opioid treatment program; or (II) addiction medicine physicians or addiction psychiatrists who hold a subspecialty board certification in addiction medicine from the American Board of Preventive Medicine, a board certification in addiction medicine from the American Board of Addiction Medicine, a subspecialty board certification in addiction psychiatry from the American Board of Psychiatry and Neurology, or a subspecialty board certification in addiction medicine from the American Osteopathic Association. (C) Requirements for prescribing methadone The prescribing of methadone pursuant to subparagraph (A) shall be— (i) exclusively by electronic prescribing and dispensed to the patient treated pursuant to subparagraph (A); (ii) for a supply of not more than 30 days pursuant to each prescription; and (iii) subject to the restrictions listed in section 8.12(i)(3) of title 42, Code of Federal Regulations, or successor regulation or guidance. (D) Requirements for dispensing methadone The dispensing of methadone to an individual pursuant to subparagraph (A) shall be in addition to the other care that the individual continues to have access to through an opioid treatment program. (E) Registration requirements Persons registered in a State pursuant to subparagraph (A) shall— (i) ensure and document, with respect to each patient treated pursuant to subparagraph (A), informed consent to treatment; and (ii) include in such informed consent, specific informed consent regarding differences in confidentiality protections applicable when dispensing through an opioid treatment program versus dispensing through a pharmacy pursuant to subparagraph (A). (F) Cessation and withdrawal of registration At the request of a State, the Attorney General, in consultation with the Secretary, shall— (i) cease registering persons in the State pursuant to subparagraph (A); and (ii) withdraw any such registration in effect for a person in the State. (G) Maintenance and detoxification treatment Maintenance treatment or detoxification treatment provided pursuant to subparagraph (A) and other care provided in conjunction with such treatment, such as counseling and other ancillary services, may be provided by means of telehealth, as determined jointly by the State and the Secretary to be feasible and appropriate. (b) Annual reporting Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Drug Enforcement Administration shall jointly submit a report to Congress that includes— (1) the number of persons registered pursuant to subsection (a); (2) the number of patients being prescribed methadone pursuant to subsection (a); and (3) a list of the States in which persons are registered pursuant to such subsection (a). 3. Sense of Congress on need to reduce barriers to patient care through opioid treatment programs It is the sense of Congress that— (1) patients receiving services through opioid treatment programs face barriers to their care; and (2) each State should align the regulation of opioid treatment programs in a manner that is consistent with the intent of this Act.

118th CONGRESS IN THE SENATE OF THE UNITED STATES Mr. Jones (for himself; with thanks to Mr. Manchin) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to establish a stewardship fee on the production and importation of opioid pain relievers, and for other purposes. 1. Short title This Act may be cited as the Budgeting for Opioid Addiction Treatment Act. 2. Stewardship fee on opioid pain relievers (a) In general Chapter 32 of the Internal Revenue Code of 1986 is amended by inserting after subchapter D the following new subchapter: E Certain opioid pain relievers Sec. 4191. Opioid pain relievers. 4191. Opioid pain relievers (a) In general There is hereby imposed on the sale of any active opioid by the manufacturer, producer, or importer a fee equal to 1 cent per milligram so sold. (b) Active opioid For purposes of this section— (1) In general The term active opioid means any controlled substance (as defined in section 102 of the Controlled Substances Act, as in effect on the date of the enactment of this section) which is opium, an opiate, or any derivative thereof. (2) Exclusion for certain prescription medications Such term shall not include any prescribed drug which is used exclusively for the treatment of opioid addiction as part of a medically assisted treatment effort. (3) Exclusion of other ingredients In the case of a product that includes an active opioid and another ingredient, subsection (a) shall apply only to the portion of such product that is an active opioid. . (b) Clerical amendment The table of subchapters for chapter 32 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subchapter D the following new item: Subchapter E. Certain opioid pain relievers . (c) Effective date The amendments made by this section shall apply to sales on or after the later of— (1) the date which is 1 year after the date of the enactment of this Act; or (2) the date on which the Secretary of Health and Human Services establishes the mechanism described in subsection (d)(1). (d) Rebate or discount program for certain cancer and hospice patients (1) In general The Secretary of Health and Human Services, in consultation with patient advocacy groups and other relevant stakeholders as determined by such Secretary, shall establish a mechanism by which— (A) any amount paid by an eligible patient in connection with the stewardship fee under section 4191 of the Internal Revenue Code of 1986 (as added by this section) shall be rebated to such patient in as timely a manner as possible, or (B) amounts paid by an eligible patient for active opioids (as defined in section 4191(b) of such Code) are discounted at time of payment or purchase to ensure that such patient does not pay any amount attributable to such fee, with as little burden on the patient as possible. The Secretary shall choose whichever of the options described in subparagraph (A) or (B) is, in the Secretary's determination, most effective and efficient in ensuring eligible patients face no economic burden from such fee. (2) Eligible patient For purposes of this subsection, the term eligible patient means— (A) a patient for whom any active opioid (as so defined) is prescribed to treat pain relating to cancer or cancer treatment; (B) a patient participating in hospice care; (C) a patient with respect to whom the prescriber of the applicable opioid determines that other non-opioid pain management treatments are inadequate or inappropriate; and (D) in the case of the death or incapacity of a patient described in subparagraph (A), (B), or (C), or any similar situation as determined by the Secretary of Health and Human Services, the appropriate family member, medical proxy, or similar representative or the estate of such patient. 3. Block grants for prevention and treatment of substance abuse (a) Grants to States Section 1921(b) of the Public Health Service Act (42 U.S.C. 300x–21(b)42 U.S.C. 300x–21(b)42 U.S.C. 300x–21(b)42 U.S.C. 300x–21(b)42 U.S.C. 300x–21(b)) is amended by inserting , and, as applicable, for carrying out section 1923A before the period. (b) Nonapplicability of prevention program provision Section 1922(a)(1) of the Public Health Service Act (42 U.S.C. 300x–22(a)(1)42 U.S.C. 300x–22(a)(1)42 U.S.C. 300x–22(a)(1)42 U.S.C. 300x–22(a)(1)42 U.S.C. 300x–22(a)(1)) is amended by inserting except with respect to amounts made available as described in section 1923A, before will expend. (c) Opioid treatment programs Subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x–21 et seq42 U.S.C. 300x–21 et seq42 U.S.C. 300x–21 et seq42 U.S.C. 300x–21 et seq42 U.S.C. 300x–21 et seq.) is amended by inserting after section 1923 the following: 1923A. Additional substance abuse treatment programs A funding agreement for a grant under section 1921 is that the State involved shall provide that any amounts made available by any increase in revenues to the Treasury in the previous fiscal year resulting from the enactment of section 4191 of the Internal Revenue Code of 1986, reduced by any amounts rebated or discounted under section 2(d) of the Budgeting for Opioid Addiction Treatment Act (as described in section 1933(a)(1)(B)(i)) be used exclusively for substance abuse (including opioid abuse) treatment efforts in the State, including— (1) treatment programs— (A) establishing new addiction treatment facilities, residential and outpatient, including covering capital costs; (B) establishing sober living facilities; (C) recruiting and increasing reimbursement for certified mental health providers providing substance abuse treatment in medically underserved communities or communities with high rates of prescription drug abuse; (D) expanding access to long-term, residential treatment programs for opioid addicts (including 30-, 60-, and 90-day programs); (E) establishing or operating support programs that offer employment services, housing, and other support services to help recovering addicts transition back into society; (F) establishing or operating housing for children whose parents are participating in substance abuse treatment programs, including capital costs; (G) establishing or operating facilities to provide care for babies born with neonatal abstinence syndrome, including capital costs; and (H) other treatment programs, as the Secretary determines appropriate; and (2) recruitment and training of substance use disorder professionals to work in rural and medically underserved communities. . (d) Additional funding Section 1933(a)(1)(B)(i) of the Public Health Service Act (42 U.S.C. 300x–33(a)(1)(B)(i)42 U.S.C. 300x–33(a)(1)(B)(i)42 U.S.C. 300x–33(a)(1)(B)(i)42 U.S.C. 300x–33(a)(1)(B)(i)42 U.S.C. 300x–33(a)(1)(B)(i)) is amended by inserting , plus any increase in revenues to the Treasury in the previous fiscal year resulting from the enactment of section 4191 of the Internal Revenue Code of 1986, reduced by any amounts rebated or discounted under section 2(d) of the Budgeting for Opioid Addiction Treatment Act before the period. 4. Report Not later than 2 years after the date described in section 2(c), the Secretary of Health and Human Services shall submit to Congress a report on the impact of the amendments made by sections 2 and 3 on— (1) the retail cost of active opioids (as defined in section 4191 of the Internal Revenue Code of 1986, as added by section 2); (2) patient access to such opioids, particularly cancer and hospice patients, including the effect of the discount or rebate on such opioids for cancer and hospice patients under section 2(d); (3) how the increase in revenue to the Treasury resulting from the enactment of section 4191 of the Internal Revenue Code of 1986 is used to improve substance abuse treatment efforts in accordance with section 1923A of the Public Health Service Act (as added by section 3); and (4) suggestions for improving— (A) access to opioids for cancer and hospice patients; and (B) substance abuse treatment efforts under such section 1923A.

CS

118th CONGRESS IN THE SENATE Mr. Jones (for himself; with thanks to Mr. Carter of Georgia) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. 1. Short title This Act may be cited as the Drug Price Transparency in Medicaid Act of 2023. 2. Improving transparency and preventing the use of abusive spread pricing and related practices in Medicaid (a) Pass-Through pricing required (1) In general Section 1927(e) of the Social Security Act (42 U.S.C. 1396r–8(e)42 U.S.C. 1396r–8(e)42 U.S.C. 1396r–8(e)42 U.S.C. 1396r–8(e)42 U.S.C. 1396r–8(e)) is amended by adding at the end the following: (6) Pass-through pricing required A contract between the State and a pharmacy benefit manager (referred to in this paragraph as a PBM), or a contract between the State and a managed care entity or other specified entity (as such terms are defined in section 1903(m)(9)(D)) that includes provisions making the entity responsible for coverage of covered outpatient drugs dispensed to individuals enrolled with the entity, shall require that payment for such drugs and related administrative services (as applicable), including payments made by a PBM on behalf of the State or entity, is based on a pass-through pricing model under which— (A) any payment made by the entity or the PBM (as applicable) for such a drug— (i) is limited to— (I) ingredient cost; and (II) a professional dispensing fee that is not less than the professional dispensing fee that the State plan or waiver would pay if the plan or waiver was making the payment directly; (ii) is passed through in its entirety by the entity or PBM to the pharmacy or provider that dispenses the drug; and (iii) is made in a manner that is consistent with section 1902(a)(30)(A) and sections 447.512, 447.514, and 447.518 of title 42, Code of Federal Regulations (or any successor regulation) as if such requirements applied directly to the entity or the PBM, except that any payment by the entity or the PBM (as applicable) for the ingredient cost of a covered outpatient drug dispensed by providers and pharmacies referenced in clause (i) or (ii) of section 447.518(a)(1) of title 42, Code of Federal Regulations (or any successor regulation) shall be the same as the payment amount for the ingredient cost when dispensed by providers and pharmacies not referenced in such clauses, and in no case shall payment for the ingredient cost of a covered outpatient drug be based on the actual acquisition cost of a drug dispensed by providers and pharmacies referenced in such clauses or take into account a drug's status as a drug purchased at a discounted price by a provider or pharmacy referenced in such clauses; (B) payment to the entity or the PBM (as applicable) for administrative services performed by the entity or PBM is limited to a reasonable administrative fee that covers the reasonable cost of providing such services; (C) the entity or the PBM (as applicable) shall make available to the State, and the Secretary upon request, all costs and payments related to covered outpatient drugs and accompanying administrative services incurred, received, or made by the entity or the PBM, including ingredient costs, professional dispensing fees, administrative fees, post-sale and post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees, and any and all other remuneration; and (D) any form of spread pricing whereby any amount charged or claimed by the entity or the PBM (as applicable) is in excess of the amount paid to the pharmacies on behalf of the entity, including any post-sale or post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees or assessments (after allowing for a reasonable administrative fee as described in subparagraph (B)) is not allowable for purposes of claiming Federal matching payments under this title. . (2) Conforming amendment Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended— (A) by striking and (III) and inserting (III); (B) by inserting before the period at the end the following: , and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6); and (C) by moving the left margin 2 ems to the left. (3) Effective date The amendments made by this subsection apply to contracts between States and managed care entities, other specified entities, or pharmacy benefits managers that are entered into or renewed on or after the date that is 18 months after the date of enactment of this Act. (b) Ensuring accurate payments to pharmacies under Medicaid (1) In general Section 1927(f) of the Social Security Act (42 U.S.C. 1396r–8(f)42 U.S.C. 1396r–8(f)42 U.S.C. 1396r–8(f)42 U.S.C. 1396r–8(f)42 U.S.C. 1396r–8(f)) is amended— (A) by striking and after the semicolon at the end of paragraph (1)(A)(i) and all that precedes it through (1) and inserting the following: (1) Determining pharmacy actual acquisition costs The Secretary shall conduct a survey of retail community pharmacy drug prices to determine the national average drug acquisition cost as follows: (A) Use of vendor The Secretary may contract services for— (i) with respect to retail community pharmacies, the determination of retail survey prices of the national average drug acquisition cost for covered outpatient drugs based on a monthly survey of such pharmacies; and ; (B) by adding at the end of paragraph (1) the following: (F) Survey reporting In order to meet the requirement of section 1902(a)(54), a State shall require that any retail community pharmacy in the State that receives any payment, reimbursement, administrative fee, discount, or rebate related to the dispensing of covered outpatient drugs to individuals receiving benefits under this title, regardless of whether such payment, fee, discount, or rebate is received from the State or a managed care entity directly or from a pharmacy benefit manager or another entity that has a contract with the State or a managed care entity, shall respond to surveys of retail prices conducted under this subsection. (G) Survey information Information on national drug acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: (i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). (ii) The sampling frame and number of pharmacies sampled monthly. (iii) Information on price concessions to the pharmacy, including discounts, rebates, and other price concessions, to the extent that such information is available during the survey period. (H) Report on specialty pharmacies (i) In general Not later than 1 year after the effective date of this subparagraph, the Secretary shall submit a report to Congress examining specialty drug coverage and reimbursement under this title. (ii) Content of report Such report shall include a description of how State Medicaid programs define specialty drugs and specialty pharmacies, how much State Medicaid programs pay for specialty drugs, how States and managed care plans determine payment for specialty drugs, the settings in which specialty drugs are dispensed (such as retail community pharmacies or specialty pharmacies), to what extent acquisition costs for specialty drugs are captured in the national average drug acquisition cost survey or through another process, examples of specialty drug dispensing fees to support the services associated with dispensing specialty drugs, and recommendations as to whether specialty pharmacies should be included in the survey of retail prices to ensure national average drug acquisition costs capture drugs sold at specialty pharmacies and how such specialty pharmacies should be defined. ; (C) in paragraph (2)— (i) in subparagraph (A), by inserting , including payments rates under Medicaid managed care plans, after under this title; and (ii) in subparagraph (B), by inserting and the basis for such dispensing fees before the semicolon; and (D) in paragraph (4), by inserting , and $5,000,000 for fiscal year 2025 and each fiscal year thereafter, after 2010. (2) Effective date The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act.

118th CONGRESS IN THE SENATEW Mr. Jones (for himself; with thanks to Mr. Bacon) introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to increase the amount paid by the Secretary of Veterans Affairs to veterans for improvements and structural alterations furnished as part of home health services. 1. Short title This Act may be cited as the Autonomy for Disabled Veterans Act. 2. Increase in amount available to disabled veterans for improvements and structural alterations furnished as part of home health services (a) Increase Paragraph (2) of section 1717(a) of title 38, United States Code, is amended— (1) in subparagraph (A)(ii), by striking $6,800 and inserting $10,000; and (2) in subparagraph (B)(ii), by striking $2,000 and inserting $5,000. (b) Applicability The amendments made by subsection (a) shall apply with respect to a veteran who first applies for benefits under section 1717(a)(2) of title 38, United States Code, on or after the date of the enactment of this Act. (c) Clarification A veteran who exhausts the eligibility of such veteran for benefits under section 1717(a)(2) of title 38, United States Code, before the date of the enactment of this Act is not entitled to additional benefits under such section by reason of the amendments made by subsection (a). 3. Adjustment for inflation Section 1717(a) of title 38, United States Code, is further amended by adding at the end the following: (4) On an annual basis, the Secretary shall increase the dollar amount in effect under subsection (a)(2) by a percentage equal to the percentage by which the Consumer Price Index for all urban consumers (United States city average) increased during the 12-month period ending with the last month for which Consumer Price Index data is available. In the event that such Consumer Price Index does not increase during such period, the Secretary shall maintain the dollar amount in effect under subsection (a)(2) during the previous fiscal year.

118th CONGRESS IN THE SENATE June 14, 2023 Mr. Jones(for himself; with thanks to Mr. Payne) introduced the following bill; which was referred to the Committee on Financial Services A BILL To ensure that United States currency is treated as legal tender to be accepted as payment for purchases of goods and services at brick-and-mortar businesses throughout the United States, and for other purposes. 1. Short title This Act may be cited as the Payment Choice Act of 2023. 2. Sense of Congress It is the sense of Congress that United States currency should be treated as legal tender throughout the United States, and that every consumer should have the right to use cash as payment at retail businesses that accept in-person payments. 3. Retail businesses prohibited from refusing cash payments (a) In general Subchapter I of chapter 51 of title 31, United States Code, is amended by adding at the end the following: 5104. Retail businesses prohibited from refusing cash payments (a) In general Any person engaged in the business of selling or offering goods or services at retail to the public who accepts in-person payments at a physical location (including a person accepting payments for telephone, mail, or internet-based transactions who is accepting in-person payments at a physical location)— (1) shall accept cash as a form of payment for sales made at such physical location in amounts up to and including $500 per transaction; and (2) may not charge cash-paying customers a higher price compared to the price charged to customers not paying with cash. (b) Exceptions Subsection (a) shall not apply to a person if the person— (1) is unable to accept cash because of— (A) a sale system failure that temporarily prevents processing cash payments; or (B) temporarily having insufficient cash on hand to make change; or (2) provides customers with a device that converts cash into prepaid cards on the premises if— (A) there is no fee for the use of the device; (B) the device does not require a minimum deposit of more than one dollar; (C) any funds placed onto a prepaid card using the device do not expire, except as permitted under subsection (c); (D) the device does not collect any personal identifying information from the customer; and (E) there is no fee to use the prepaid card that the device produces. (c) Inactivity With respect to a prepaid card described under paragraph (2), the person providing the card may charge an inactivity fee in association with the card if— (1) there has been no activity with respect to the card during the 12-month period ending on the date on which the inactivity fee is imposed; (2) not more than 1 inactivity fee is imposed in any 1-month period; and (3) there is clearly and conspicuously stated, on the face of the mechanism that issues the card and on the card— (A) that an inactivity fee or charge may be imposed; (B) the frequency at which such inactivity fee may be imposed; and (C) the amount of such inactivity fee. (d) Right To not accept large bills (1) In general Notwithstanding subsection (a), for the 5-year period beginning on the date of enactment of this section, this section does not require a person or entity to accept cash payments in $50 bills or any larger bill. (2) Rulemaking (A) In general The Secretary of the Treasury shall issue a rule on the date that is 5 years after the date of the enactment of this section with respect to any bill denominations a person is not required to accept. (B) Requirement When issuing a rule under subparagraph (A), the Secretary shall require persons to accept $1, $5, $10, and $20 bills. (e) Enforcement (1) Preventative relief (A) In general Whenever any person has engaged, or there are reasonable grounds to believe that any such person is about to engage, in any act or practice prohibited by this section, any customer or prospective customer of such person aggrieved by such violation or threatened violation may deliver to the person, or cause to be so delivered by certified mail, with proof of delivery, a notice describing, in reasonable detail, the conduct or events constituting the violation or threatened violation, and giving notice that, unless such conduct is corrected or cured within 45 days after the date of delivery of such notice, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other appropriate such relief, which may include a civil penalty as hereinafter provided for, may be brought against such person. (B) Response; cure If, within the 45-day period described under subparagraph (A), the person described in that subparagraph establishes to the customer or prospective customer’s reasonable satisfaction, in a response provided in writing to the customer or prospective customer, that no violation occurred as alleged, or certifies that the violation alleged has been corrected or cured, and provides reasonable assurance that no such violation henceforth will be permitted to occur in the conduct of the person’s business, no further proceedings under this section may be undertaken. (C) Civil action If a person described under subparagraph (A), having received a notice described in that subparagraph, fails to respond in accordance with subparagraph (B), or responds but fails to reasonably establish that the violation alleged either did not occur or has been corrected or cured, the aggrieved customer or prospective customer shall be entitled to file a civil action against the person seeking relief as provided under this subsection. In any such filing, the customer or prospective customer shall attach to the complaint in such action copies of the notice given to the person pursuant to subparagraph (A) and the response, if any, received from such person. (2) Damages and civil penalties Any person who violates this section shall— (A) be liable for actual damages, together with, if actual damages are less than $250, liquidated damages of $250; and (B) a civil penalty of not more than $500 for a first offense and not more than $1,500 for a second or subsequent offense. (3) Jurisdiction An action under this subsection may be brought in any United States district court, or in any other court of competent jurisdiction. (4) Intervention of Attorney General Upon timely application, a court may, in its discretion, permit the Attorney General to intervene in a civil action brought under this subsection, if the Attorney General certifies that the action is of general public importance. (5) Authority to appoint court-paid attorney Upon application by an individual and in such circumstances as the court may determine just, the court may appoint an attorney for such individual and may authorize the commencement of a civil action under this subsection without the payment of fees, costs, or security. (6) Attorney’s fees In any action commenced pursuant to this subsection, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee, not to exceed $3,000 in amount, as part of the costs, and the United States shall be liable for costs the same as a private person. (7) Requirements in certain States and local areas In the case of an alleged act or practice prohibited by this section which occurs in a State, or political subdivision of a State, which has a State or local law prohibiting such act or practice and establishing or authorizing a State or local authority to grant or seek relief from such act or practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no civil action may be brought hereunder before the expiration of 30 days after written notice of such alleged act or practice has been given to the appropriate State or local authority by registered mail or in person, provided that the court may stay proceedings in such civil action pending the termination of State or local enforcement proceedings. (f) Greater protection under State law This section shall not preempt any law of a State, the District of Columbia, a Tribal government, or a territory of the United States if the protections that such law affords to consumers are greater than the protections provided under this section. (g) Rulemaking The Secretary of the Treasury shall issue such rules as the Secretary determines are necessary to implement this section, which may include prescribing additional exceptions to the application of the requirements described in subsection (a). . (b) Clerical amendment The table of contents for chapter 51 of title 31, United States Code, is amended by inserting after the item relating to section 5103 the following: 5104. Retail businesses prohibited from refusing cash payments.

118th CONGRESS IN THE SENATE June 22, 2023 Mr. Jones (for himself and Mr. Coleman; with Mr. Davis of Illinois) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on the Judiciary, and Energy and Commerce, 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 Internal Revenue Code of 1986 to increase certain taxes related to firearms, and for other purposes. 1. Short title This Act may be cited as the Gun Violence Prevention and Safe Communities Act of 2023. 2. Increase in excise tax on sale of firearms, etc (a) In general Section 4181 of the Internal Revenue Code of 1986 is amended— (1) by striking There and inserting the following: (a) In general There , and (2) by adding at the end the following new subsection: (b) Increased tax To fund gun violence prevention programs (1) In general Each rate of tax imposed under subsection (a) is hereby increased by 0.5 percentage points. (2) Application of tax to frames and receivers (A) In general Any frame or receiver of a firearm shall be subject to tax under subsection (a) (after taking into account paragraph (1)) in the same manner as a firearm which is neither a pistol nor a revolver. (B) Special rule for split or modular frames and receivers In the case of any split or modular frame or receiver, if any module of such frame or receiver is sold separately, such module shall be treated as a frame or receiver if (and only if) such module is required to be marked and serialized by the Attorney General. (C) Prevention of double taxation Subparagraph (A) shall not apply to any frame or receiver if the manufacturer, producer, or importer thereof demonstrates to the satisfaction of the Secretary that such frame or receiver will be used in the manufacture or production of a firearm to which the tax imposed by this section applies. . (b) Exemption for United States Subsection (b) of section 4182 of the Internal Revenue Code of 1986 is amended to read as follows: (b) Sales to United States No firearm, pistol, revolver, frame or receiver for a firearm, shell, or cartridge purchased with funds appropriated for any department, agency, or instrumentality of the United States shall be subject to any tax imposed on the sale or transfer of such article. . (c) Gun Violence Prevention Trust Fund (1) In general Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Gun Violence Prevention Trust Fund (a) Creation of trust fund (1) In general There is established in the Treasury of the United States a trust fund to be known as the Gun Violence Prevention Trust Fund, consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). (2) Establishment of accounts There is established in the Gun Violence Prevention Trust Fund each of the following accounts: (A) The Violence Prevention Account. (B) The Gun Violence Research Account. (C) Hate Crimes Data Collection, Prevention, and Enforcement Account. (D) Firearm Forensics Account. (3) Gun Violence Research Subaccounts There is established in the Gun Violence Research Account a Centers for Disease Control and Prevention Subaccount and a National Institutes of Health Subaccount. (b) Transfers to trust fund and accounts There are hereby appropriated to the Gun Violence Prevention Trust Fund amounts equivalent to the taxes received in the Treasury under section 4181(b). Such amounts shall be divided equally among each of the accounts established under subsection (a)(2). Such amounts allocated to the Gun Violence Research Account under the preceding sentence shall be divided equally between the Centers for Disease Control and Prevention Subaccount and the National Institutes of Health Subaccount. (c) Expenditures Amounts in the Gun Violence Prevention Trust Fund shall be available, as provided in appropriation Acts, only as follows: (1) Violence prevention Amounts in the Violence Prevention Account shall be available to the Office of Justice Programs of the Department of Justice to carry out community-based violence intervention and prevention initiatives. (2) Gun violence research (A) Centers for Disease Control and Prevention Amounts in the Centers for Disease Control and Prevention Subaccount shall be available to the National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention for purposes of research on gun violence and its prevention, including prevention of suicide by firearm. (B) National Institutes of Health Amounts in the National Institutes of Health Subaccount shall be available to the National Institutes of Health for purposes of research on gun violence and its prevention, including prevention of suicide by firearm. (3) Hate crimes data collection, prevention, and enforcement Amounts in the Hate Crimes Data Collection, Prevention, and Enforcement Account shall be available to carry out the Jabara-Heyer NO HATE Act (section 5 of Public Law 117–13). (4) Firearm forensics Amounts in the Firearm Forensics Account shall be available to the Bureau of Alcohol, Tobacco, Firearms and Explosives for the activities of the National Firearms Examiner Academy. . (2) Conforming amendments (A) Section 3(a) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b(a)) is amended by inserting (other than subsection (b) thereof) after 4181. (B) The table of sections for subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 9512. Gun Violence Prevention Trust Fund. . (d) Effective date The amendments made by this section shall apply with respect to sales after the date of the enactment of this Act. 3. Inflation adjustment of occupational and transfer taxes relating to firearms (a) Occupational tax adjusted for inflation (1) In general Section 5801 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (c) Adjustment for inflation In the case of any taxable period beginning in a calendar year after 2023, the $1,000 amounts in subsections (a)(1) and (b)(1) and the $500 amounts in subsections (a)(2) and (b)(1) shall each be increased by an amount equal to— (1) such dollar amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. If any increase under the preceding sentence is not a multiple of $10, such increase shall be rounded to the next lowest multiple of $10. . (2) Effective date The amendment made by this section shall apply to taxable periods beginning after December 31, 2023. (b) Transfer tax adjusted for inflation (1) In general Section 5811 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Adjustment for inflation In the case of any transfer after 2023, the $200 and $5 amounts in subsection (a) shall each be increased by an amount equal to— (1) such dollar amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the transfer occurs, determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. If any increase under the preceding sentence is not a multiple of $5 ($1 in the case of any increase of the $5 amount), such increase shall be rounded to the next lowest multiple of $5 ($1 in the case of any increase of the $5 amount). . (2) Effective date The amendment made by this section shall apply to transfers after December 31, 2023.

118th CONGRESS IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Jones (for himself and Mr. Coleman; with thanks to Mr. Menendez) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To reauthorize the National Flood Insurance Program, and for other purposes. 1. Short title This Act may be cited as the National Flood Insurance Program Reauthorization and Reform Act of 2023. 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. TITLE I—Reauthorization and affordability Sec. 101. Reauthorization. Sec. 102. Cap on annual premium increases. Sec. 103. Targeted means-tested assistance. Sec. 104. Optional monthly installment premium payment plans. Sec. 105. Study on business interruption coverage. Sec. 106. Cooperative coverage fairness. Sec. 107. Coverage limits. Sec. 108. Study on participation rates. Sec. 109. National Flood Insurance Act definitions regarding the Write Your Own Program. TITLE II—Mitigation and mapping Sec. 201. Mitigation for high-risk properties. Sec. 202. Increased cost of compliance coverage. Sec. 203. Flood mitigation assistance grants. Sec. 204. Urban mitigation opportunities. Sec. 205. Community Rating System Regional Coordinator. Sec. 206. Mitigation loan program. Sec. 207. Revolving loan funds. Sec. 208. Mapping modernization. Sec. 209. Appeals. Sec. 210. Levee-protected areas. Sec. 211. Community-wide flood mitigation activities. Sec. 212. Premium calculator. Sec. 213. Consideration of mitigation projects in flood insurance premium rates. TITLE III—Solvency Sec. 301. Forbearance on NFIP interest payments. Sec. 302. Cap on Write Your Own company compensation. Sec. 303. Third-party service provider costs; transparency. Sec. 304. Availability of NFIP claims data. Sec. 305. Refusal of mitigation assistance. Sec. 306. Multiple structure mitigation. TITLE IV—Policyholder protection and fairness Sec. 401. Earth movement fix and engineer standards. Sec. 402. Coverage of pre-FIRM condominium basements and study on street raising. Sec. 403. Guidance on remediation and policyholder duties. Sec. 404. Appeal of decisions relating to flood insurance coverage. Sec. 405. Accountability for underpayments and overpayments by Write Your Own companies. Sec. 406. Policyholders’ right to know. Sec. 407. Termination of certain contracts under the National Flood Insurance Program. Sec. 408. Deadline for claim processing. Sec. 409. No manipulation of engineer reports. Sec. 410. Improved training of floodplain managers, agents, and adjusters. Sec. 411. Flood insurance continuing education and training. Sec. 412. Shifting of attorney fees and other expenses. Sec. 413. DOJ defense against policyholder lawsuits. Sec. 414. Reforming use of proof of loss forms. Sec. 415. Agent Advisory Council. Sec. 416. Disclosure of flood risk information prior to transfer of property. Sec. 417. Grace period for renewal of coverage at renewal offer rate. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. (2) National Flood Insurance Program The term National Flood Insurance Program means the program established under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.). (3) National Flood Mitigation Fund The term National Flood Mitigation Fund means the fund established under section 1367 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104d). (4) Write Your Own Company The term Write Your Own Company has the meaning given the term in section 1370(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4121(a)), as amended by section 109 of this Act. I Reauthorization and affordability 101. Reauthorization (a) In general (1) Financing Section 1309(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by striking September 30, 2023 and inserting September 30, 2028. (2) Program expiration Section 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking September 30, 2023 and inserting September 30, 2028. (3) Retroactive effective date If this Act is enacted after September 30, 2023, the amendments made by paragraphs (1) and (2) shall take effect as if enacted on September 30, 2023. (b) Continued operation during lapse of appropriations Section 1310(f) of the National Flood Insurance Act of 1968 (42 U.S.C. 4017(f)) is amended— (1) by inserting (1) after (f); and (2) by adding at the end the following: (2) (A) In this paragraph, the term period of a lapse in appropriations from the Fund means a period, on or after the first day of a fiscal year, during which an appropriation Act for the fiscal year with respect to the Fund has not been enacted and continuing appropriations are not in effect for the fiscal year with respect to the Fund. (B) Notwithstanding paragraph (1), during a period of a lapse in appropriations from the Fund, amounts in the Fund not otherwise appropriated shall be available to the Administrator to carry out the flood insurance program under this title, subject to the same terms and conditions (except with respect to the period of availability), and in an amount not greater than the rate for operations, provided for the Fund in the most recently enacted regular or continuing appropriation Act. (C) Amounts in the Fund shall be available under subparagraph (B) for a fiscal year during the period beginning on the first day of a period of a lapse in appropriations from the Fund during the fiscal year and ending on the date on which the regular appropriation Act for the fiscal year with respect to the Fund is enacted (whether or not such law makes amounts available from the Fund) or a law making continuing appropriations with respect to the Fund is enacted, as the case may be. (D) Expenditures and obligations made under this paragraph shall be charged to the amounts made available from the Fund under the regular appropriation Act, or law making continuing appropriations, with respect to the Fund that is enacted for the applicable fiscal year. . 102. Cap on annual premium increases (a) Definition In this section, the term covered cost— (1) means— (A) the amount of an annual premium with respect to any policy for flood insurance under the National Flood Insurance Program; (B) any surcharge imposed with respect to a policy described in subparagraph (A) (other than a surcharge imposed under section 1304(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4011(b))), including a surcharge imposed under section 1308A(a) of that Act (42 U.S.C. 4015a(a)), as amended by this Act; and (C) a fee described in paragraph (1)(B)(iii) or (2) of section 1307(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)); and (2) does not include any cost associated with the purchase of insurance under section 1304(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4011(b)), as amended by this Act, including any surcharge that relates to insurance purchased under such section 1304(b). (b) Limitation on increases (1) Limitation (A) In general During the 5-year period beginning on the date of enactment of this Act, notwithstanding section 1308(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(e)), as amended by this Act, and subject to subparagraph (B), the Administrator may not, in any year, increase the amount of any covered cost by an amount that is more than 9 percent, as compared with the amount of the covered cost during the previous year, except where the increase in the covered cost relates to an exception under paragraph (1)(C)(iii) of such section 1308(e). (B) Decrease of amount of deductible or increase in amount of coverage In the case of a policyholder described in section 1308(e)(1)(C)(ii) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(e)(1)(C)(ii)), as amended by this Act, the Administrator shall establish a process by which the Administrator determines an increase in covered costs for the policyholder that is— (i) proportional to the relative change in risk based on the action taken by the policyholder; and (ii) in compliance with subparagraph (A). (2) New rating systems (A) Classification With respect to a property, the limitation under paragraph (1) shall remain in effect for each year until the covered costs with respect to the property reflect full actuarial rates, without regard to whether, at any time until the year in which those covered costs reflect full actuarial rates, the property is rated or classified under the Risk Rating 2.0 methodology (or any substantially similar methodology). (B) New policyholder If a property to which the limitation under paragraph (1) applies is sold before the covered costs for the property reflect full actuarial rates determined under the Risk Rating 2.0 methodology (or any substantially similar methodology), that limitation shall remain in effect for each year until the year in which those full actuarial rates take effect. (c) Rule of construction Nothing in subsection (b) may be construed as prohibiting the Administrator from reducing, in any year, the amount of any covered cost, as compared with the amount of the covered cost during the previous year. (d) Average historical loss year Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended by striking subsection (h) and inserting the following: (h) Rule of construction For purposes of this section, the calculation of an average historical loss year shall be computed in accordance with generally accepted actuarial principles. . (e) Disclosure with respect to the affordability standard Section 1308(j) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(j)) is amended, in the second sentence, by inserting and shall include in the report the number of those exceptions as of the date on which the Administrator submits the report and the location of each policyholder insured under those exceptions, organized by county and State after of the Senate. 103. Targeted means-tested assistance (a) Means-Tested program (1) In general Chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) is amended by inserting after section 1308A (42 U.S.C. 4015a) the following: 1308B. Flood insurance assistance (a) Definitions In this section: (1) Covered property The term covered property means— (A) a primary residential dwelling designed for the occupancy of from 1 to 4 families; or (B) personal property relating to a dwelling described in subparagraph (A). (2) Eligible policyholder The term eligible policyholder means a policyholder with a household income that is not more than 140 percent of the area median income for the area in which the property to which the policy applies is located. (3) Housing expenses The term housing expenses means, with respect to a household, the total amount that the household spends in a year on— (A) mortgage payments or rent; (B) property taxes; (C) homeowners insurance; and (D) premiums for flood insurance under the national flood insurance program. (4) Insurance costs The term insurance costs means, with respect to a covered property for a year— (A) risk premiums and fees estimated under section 1307 and charged under section 1308; (B) surcharges assessed under sections 1304 and 1308A; and (C) any amount established under section 1310A(c). (b) Authority Subject to the availability of appropriations, the Administrator is authorized to carry out a means-tested program under which the Administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. (c) Eligibility To determine eligibility for means-tested assistance under this section, the Administrator may accept any of the following with respect to an eligible policyholder: (1) Income verification from the National Directory of New Hires established under section 453(i) of the Social Security Act (42 U.S.C. 653(i)). (2) A self-certification of eligibility by the eligible policyholder that is provided under penalty of perjury pursuant to section 1746 of title 28, United States Code. (3) Any other method identified by the Administrator in interim guidance, or a final rule, issued under subsection (e). (d) Discount The Administrator may establish graduated discounts available to eligible policyholders under this section, which shall be based on the following factors: (1) The percentage by which the household income of an eligible policyholder is equal to, or less than, 140 percent of the area median income for the area in which the property to which the policy applies is located. (2) The housing expenses of an eligible policyholder. (3) The number of eligible policyholders participating in the program established under this section. (4) The availability of funding. (5) Any other factor that the Administrator finds reasonable and necessary to carry out the purposes of this section. (e) Implementation (1) In general The Administrator shall issue final rules to implement this section. (2) Interim guidance (A) In general Not later than 1 year after the date of enactment of this section, the Administrator shall issue interim guidance to implement this section, which shall— (i) include— (I) a description of how the Administrator will determine— (aa) eligibility for households to participate in the program established under this section; and (bb) assistance levels for eligible households to which assistance is provided under this section; (II) the methodology that the Administrator will use to determine the amount of assistance provided to eligible households under this section; and (III) any requirements to which eligible policyholders to which assistance is provided under this section will be subject; and (ii) expire on the later of— (I) the date that is 84 months after the date of enactment of this section; or (II) the date on which the final rules issued under paragraph (1) take effect. (B) Rule of construction Nothing in subparagraph (A) may be construed to preclude the Administrator from amending the interim guidance issued under that subparagraph. (f) Collection of demographic information The Administrator, in order to evaluate and monitor the effectiveness of this section, and to comply with the reporting requirements under subsection (g), may request demographic information, and other information, with respect to an eligible policyholder to which assistance is provided under this section, which may include— (1) the income of the eligible policyholder, as compared with the area median income for the area in which the property to which the policy applies is located; and (2) demographic characteristics of the eligible policyholder, including the race and ethnicity of the eligible policyholder. (g) Reports to Congress (1) In general Not later than 2 years after the date of enactment of this section, and biennially thereafter, the Administrator shall submit to Congress a report regarding the implementation and effectiveness of this section. (2) Contents Each report submitted under paragraph (1) shall include information regarding, for the period covered by the report— (A) the distribution of household area median income for eligible policyholders to which assistance is provided under this section; (B) the number of eligible policyholders to which assistance is provided under this section, which shall be disaggregated by income and demographic characteristics; (C) the cost of providing assistance under this section; and (D) the average amount of assistance provided to an eligible policyholder under this section, which shall be disaggregated as described in subparagraph (B). (h) Risk communication For the purposes of the communication required under section 1308(l), the Administrator shall provide to an eligible policyholder to which assistance is provided under this section a full flood risk determination with respect to the property of the eligible policyholder, which shall reflect the insurance costs with respect to the property before that assistance is provided. (i) Funding (1) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section— (A) $250,000,000 for fiscal year 2024; (B) $340,000,000 for fiscal year 2025; (C) $400,000,000 for fiscal year 2026; (D) $500,000,000 for fiscal year 2027; and (E) $600,000,000 for fiscal year 2028. (2) Notification If, in a fiscal year, the Administrator determines that the amount made available to carry out this section is insufficient to provide assistance under this section, the Administrator shall submit to Congress a notification of the remaining amounts necessary to provide that assistance for that fiscal year. (3) Distribution of premium With respect to the amount of the discounts provided under this section in a fiscal year, and any administrative expenses incurred in carrying out this section for that fiscal year, the Administrator shall, from amounts made available to carry out this section for that fiscal year, deposit in the National Flood Insurance Fund established under section 1310 an amount equal to those discounts and administrative expenses, except to the extent that section 1310A applies to any portion of those discounts or administrative expenses, in which case the Administrator shall deposit an amount equal to those amounts to which section 1310A applies in the National Flood Insurance Reserve Fund established under section 1310A. . (2) Use of savings In addition to any amounts made available to the Administrator to carry out section 1308B of the National Flood Insurance Act of 1968, as added by paragraph (1), the Administrator shall use any amounts saved as a direct result of the amendments made by section 302(a) of this Act to carry out such section 1308B. (b) National Flood Insurance Act of 1968 The National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is amended— (1) in section 1308(e) (42 U.S.C. 4015(e))— (A) in paragraph (1)— (i) in subparagraph (B), by striking or at the end; (ii) in subparagraph (C)(iii), by adding or at the end; and (iii) by adding at the end the following: (D) in the case of a property with respect to which assistance is provided under section 1308B, if— (i) the applicable policyholder is no longer eligible to receive assistance under that section; (ii) the assistance so provided has been decreased under that section; or (iii) the Administrator is not authorized, or lacks appropriated funds, to carry out that section; ; and (B) in paragraph (3), by striking period; and and inserting the following: period, except in the case of a property with respect to which assistance is provided under section 1308B if a condition described in clause (i), (ii), or (iii) of paragraph (1)(D) is applicable; and; and (2) in section 1366(d) (42 U.S.C. 4104c(d))— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following: (3) Flood insurance assistance In the case of mitigation activities to structures insured by policyholders that are eligible for assistance under section 1308B, in an amount up to 100 percent of all eligible costs. . (c) Information comparisons with the national directory of new hires for flood insurance assistance income verification Section 453(j) of the Social Security Act (42 U.S.C. 653(j)) is amended by adding at the end the following new paragraph: (12) Information comparisons for flood insurance assistance (A) Furnishing of information by fema The Administrator of the Federal Emergency Management Agency (in this paragraph, referred to as the Administrator) shall furnish to the Secretary, on such periodic basis as determined by the Administrator in consultation with the Secretary, information in the custody of the Administrator for comparison with information in the National Directory of New Hires, in order to obtain information in such Directory with respect to individuals who are applying for, or receiving benefits under, section 1308B of the National Flood Insurance Act of 1968. (B) Requirement to seek minimum information The Administrator shall seek information pursuant to this paragraph only to the extent necessary to verify the employment and income of individuals described in subparagraph (A). (C) Duties of the secretary (i) Information disclosure The Secretary, in cooperation with the Administrator, shall compare information in the National Directory of New Hires with information provided by the Administrator with respect to individuals described in subparagraph (A), and shall disclose information in such Directory regarding such individuals to the Administrator, in accordance with this paragraph, for the purposes specified in this paragraph. (ii) Condition on disclosure The Secretary shall make disclosures in accordance with clause (i) only to the extent that the Secretary determines that such disclosures do not interfere with the effective operation of the program under this part. (D) Use of information by fema The Administrator may use information resulting from a data match pursuant to this paragraph only— (i) for the purpose of verifying the employment and income of individuals described in subparagraph (A); and (ii) after removal of personal identifiers, to conduct analyses of the employment and income reporting of individuals described in subparagraph (A). (E) Disclosure of information by fema (i) Purpose of disclosure The Administrator may make a disclosure under this subparagraph only for the purpose of verifying the employment and income of individuals described in subparagraph (A). (ii) Disclosures permitted Subject to clause (iii), the Administrator may disclose information resulting from a data match pursuant to this paragraph only to contractors of the Federal Emergency Management Agency, private insurance companies participating in the Write Your Own Program of the Federal Emergency Management Agency, the Inspector General of the Department of Homeland Security, and the Attorney General, in connection with the administration of a program described in subparagraph (A). Information obtained by the Administrator pursuant to this paragraph shall not be made available under section 552 of title 5, United States Code. (iii) Conditions on disclosure Disclosures under this paragraph shall be— (I) made in accordance with data security and control policies established by the Administrator and approved by the Secretary; (II) subject to audit in a manner satisfactory to the Secretary; and (III) subject to the sanctions under subsection (l)(2). (iv) Restrictions on redisclosure A person or entity to which information is disclosed under this subparagraph may use or disclose such information only as needed for verifying the employment and income of individuals described in subparagraph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secretary and the Administrator. (F) Reimbursement of HHS costs The Administrator shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph. (G) Consent The Administrator shall not seek, use, or disclose information under this paragraph relating to an individual without the prior written consent of such individual (or of a person legally authorized to consent on behalf of such individual). . 104. Optional monthly installment premium payment plans Section 1308(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(g)) is amended— (1) by striking With respect to and inserting the following: (1) Annual or monthly option Subject to paragraph (2), with respect to ; and (2) by adding at the end the following: (2) Monthly installment With respect to a policyholder that opts under paragraph (1) to pay premiums on a monthly basis, the Administrator may charge the policyholder an annual fee of not more than $15. (3) Exemption from rule making; pilot program During the period beginning on the date of enactment of this paragraph and ending on the date on which the Administrator promulgates regulations carrying out paragraph (1), the Administrator may, notwithstanding any other provision of law— (A) adopt policies and procedures to carry out that paragraph without— (i) undergoing notice and comment rule making under section 553 of title 5, United States Code; or (ii) conducting regulatory analyses otherwise required by statute, regulation, or Executive order; or (B) carry out that paragraph by establishing a pilot program that gradually implements the requirements of that paragraph. . 105. Study on business interruption coverage (a) In general The Administrator shall conduct a study on the feasibility and soundness of offering coverage under the National Flood Insurance Program for interruption business losses caused by a flood (referred to in this section as business interruption coverage). (b) Contents In conducting the study under subsection (a), the Administrator shall, at a minimum— (1) evaluate insurance industry best practices for offering business interruption coverage, including the types of coverage provided and the utilization rate; (2) estimate the potential risk premium rates for business interruption coverage based on the flood risk reflected in the flood insurance rate map or other risk metrics in effect at the time of purchase; (3) analyze the operational and administrative expenses associated with providing business interruption coverage and adjusting claims; (4) identify potential obstacles that may prevent the Administrator from offering business interruption coverage; (5) evaluate the benefits of providing business interruption coverage; (6) analyze any potential impacts on the financial position of the National Flood Insurance Program; and (7) develop a feasibility implementation plan and projected timelines for offering business interruption coverage. (c) Availability of experts In conducting the study under subsection (a), the Administrator may accept and utilize the personnel and services of any other Federal agency, and appoint and fix the compensation of temporary personnel without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, or employ experts and consultants in accordance with the provisions of section 3109 of such title, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (d) Deadline The Administrator shall complete the study required under subsection (a) not later than September 30 of the second full fiscal year after the date of enactment of this Act. 106. Cooperative coverage fairness (a) In general Section 1306 of the National Flood Insurance Act of 1968 (42 U.S.C. 4013) is amended by adding at the end the following: (e) Cooperatives (1) Definition In this subsection, the term cooperative building has the meaning given the term in section 1312(d). (2) Equal treatment with condominiums Notwithstanding any other provision of law, an owner of a share of a cooperative building shall be eligible to purchase flood insurance coverage under the national flood insurance program on the same terms as a condominium owner. . (b) Payment of claims Section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C. 4019) is amended— (1) in subsection (c)— (A) in the subsection heading, by inserting and cooperative after condominium; (B) by inserting , or owners of a share of a cooperative building, after condominium owners; and (C) by inserting or cooperative association after condominium association each place that term appears; and (2) by adding at the end the following: (k) Definitions In this section, the terms cooperative association and cooperative building have the meanings given the terms by the Administrator. . 107. Coverage limits (a) In general Section 1306 of the National Flood Insurance Act of 1968 (42 U.S.C. 4013), as amended by section 106(a), is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking In addition to any other terms and conditions under subsection (a), such regulations and inserting The Administrator; (B) in paragraph (2)— (i) by striking shall be made and inserting may be made; and (ii) by striking $250,000 and inserting the baseline amount; (C) in paragraph (3)— (i) by striking shall be made and inserting may be made; and (ii) by striking $100,000 and inserting 50 percent of the baseline amount; and (D) in paragraph (4)— (i) by striking shall be made each place that term appears and inserting may be made; and (ii) by striking $500,000 each place that term appears and inserting 200 percent of the baseline amount; and (2) by adding at the end the following: (f) Definition Subject to paragraph (2), in this section, the term baseline amount means an amount determined by the Administrator that is equal to the maximum original principal obligation of a conventional mortgage secured by a single-family residence that may be purchased by the Federal National Mortgage Association, as established under the seventh sentence of section 302(b)(2) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)), which the Administrator may not— (1) increase more than once every 5 years; (2) increase with respect to any particular property pursuant to the 11th or 12th sentence of such section 302(b)(2); or (3) decrease. . (b) Authority of Administrator To sell policies The Administrator may sell a policy for flood insurance under the National Flood Insurance Program that meets the requirements of paragraphs (2), (3), and (4) of section 1306(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4013(b)), as amended by subsection (a), without regard to— (1) section 61.6 of title 44, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act; or (2) any other provision of law. 108. Study on participation rates (a) Definitions In this section— (1) the term 500-year floodplain has the meaning given the term in section 100202(a) of the Biggert-Waters Flood Insurance Reform Act of 2012 (40 U.S.C. 4004(a)); (2) the terms Federal agency lender, improved real estate, and regulated lending institution have the meanings given those terms in section 3(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4003(a)); and (3) the term property with a Federally backed mortgage means improved real estate or a mobile home securing a loan that was— (A) made by a regulated lending institution or Federal agency lender; or (B) purchased by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (b) Study The Comptroller General of the United States shall conduct a study that proposes to address, through programmatic and regulatory changes, how to increase the rate at which properties in the United States are covered by flood insurance. (c) Considerations In conducting the study required under subsection (b), the Comptroller General of the United States shall— (1) consider— (A) expanding participation in the National Flood Insurance Program beyond areas having special flood hazards to areas of moderate or minimum risk with respect to flooding; (B) automatically enrolling consumers in the National Flood Insurance Program and providing those consumers with the opportunity to decline such enrollment; and (C) bundling flood insurance coverage that diversifies risk across all or multiple forms of peril; (2) determine— (A) the percentage of properties with Federally backed mortgages located in an area having special flood hazards that are covered by flood insurance that satisfies the requirement under section 102(b) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)); and (B) the percentage of properties with Federally backed mortgages located in the 500-year floodplain that are covered by flood insurance that would satisfy the requirement described in subparagraph (A) if that requirement applied to such properties; and (3) conduct a comprehensive assessment of the economic and social impacts of implementing Risk Rating 2.0 (or any substantially similar methodology) during the 20-year period beginning in the year in which the assessment is made, which shall include an evaluation of the effect that such implementation will have, during that 20-year period, on— (A) the affordability and availability of flood insurance under the National Flood Insurance Program; (B) property values; (C) the amount of Federal disaster aid for properties that are not covered by flood insurance, whether under the National Flood Insurance Program or otherwise; and (D) non-Federal Government revenues. (d) Report Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report regarding the results of the study conducted under subsection (b). 109. National Flood Insurance Act definitions regarding the Write Your Own Program Section 1370(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4121(a)) is amended— (1) in paragraph (14), by striking and at the end; (2) in paragraph (15), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (16) the term Write Your Own Program means the program under which the Federal Emergency Management Agency enters into a standard arrangement with private property insurance companies to— (A) sell contracts for Federal flood insurance under their own business lines of insurance; and (B) adjust and pay claims arising under the contracts described in subparagraph (A); and (17) the term Write Your Own Company means a private property insurance company that participates in the Write Your Own Program. . II Mitigation and mapping 201. Mitigation for high-risk properties (a) In general Section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) is amended by adding at the end the following: (n) Flood mitigation activities The President shall set aside from the Disaster Relief Fund an amount equal to 10 percent of the average amount appropriated to the Fund during the preceding 10 fiscal years to provide assistance for mitigation activities under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) for— (1) severe repetitive loss structures; and (2) properties insured under the national flood insurance program with the largest increase in the actuarial risk for the property compared to the actuarial risk for the previous fiscal year as a result of Risk Rating 2.0, as in effect on October 1, 2021. . (b) Applicability The amendment made to section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) by subsection (a) shall apply to funds appropriated on or after the date of enactment of this Act. (c) Technical and conforming amendment Effective on October 5, 2023, section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) is amended by redesignating subsection (n), as added by subsection (a) of this section, as subsection (m). 202. Increased cost of compliance coverage Section 1304(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4011(b)) is amended— (1) in paragraph (4), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly; (2) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and adjusting the margins accordingly; (3) in subparagraph (C), as so redesignated, by striking the period at the end and inserting a semicolon; (4) by redesignating paragraph (4) as subparagraph (F), and adjusting the margins accordingly; (5) by inserting after subparagraph (C), as so redesignated, the following: (D) properties identified by the Administrator as priorities for mitigation activities before the occurrence of damage to or loss of property which is covered by flood insurance; (E) properties outside an area having special flood hazards if the communities in which the properties are located have, under section 1361, established land use and control measures for the areas in which the properties are located; and ; (6) by inserting before The national flood insurance program the following: (1) In general.—; (7) in the flush text following subparagraph (F)(iv), as so redesignated, by striking The Administrator and inserting the following: (2) Premium The Administrator ; and (8) by adding at the end the following: (3) Amount of coverage Each policy for flood insurance coverage made available under this title shall provide coverage under this subsection having an aggregate liability for any single property of $120,000. (4) Eligible mitigation activities (A) In general Eligible mitigation methods the cost of which is covered by coverage provided under this subsection shall include— (i) alternative methods of mitigation identified in the guidelines issued pursuant to section 1361(d); (ii) pre-disaster mitigation projects for eligible structures; and (iii) costs associated with the purchase, clearing, and stabilization of property that is part of an acquisition or relocation project that complies with subparagraph (B). (B) Acquisition and relocation project eligibility and requirements (i) In general An acquisition or relocation project shall be eligible to receive assistance pursuant to subparagraph (A)(iii) only if— (I) any property acquired, accepted, or from which a structure will be removed shall be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetland and natural floodplain management practices; and (II) any new structure erected on such property will be— (aa) a public facility that is open on all sides and functionally related to a designated open space; (bb) a restroom; or (cc) a structure that the Administrator approves in writing before the commencement of the construction of the structure. (ii) Further assistance If an acquisition or relocation project is assisted pursuant to subparagraph (A)(iii)— (I) no person may apply to a Federal entity for disaster assistance with regard to any property acquired, accepted, or from which a structure was removed as part of such acquisition or relocation project; and (II) no Federal entity may provide disaster assistance for such property. (iii) Requirement to maintain flood insurance coverage (I) In general Notwithstanding any other provision of law, any assisted structure shall, at all times, maintain insurance against flood damage, in accordance with Federal law, for the life of such structure. (II) Transfer of property (aa) Duty to notify If any part of a property on which an assisted structure is located is transferred, the transferor shall, not later than the date on which such transfer occurs, notify the transferee in writing, including in all documents evidencing the transfer of ownership of the property, that such transferee is required to— (AA) obtain flood insurance in accordance with applicable Federal law with respect to such assisted structure, if such structure is not so insured on the date on which the structure is transferred; and (BB) maintain flood insurance in accordance with applicable Federal law with respect to such structure. (bb) Failure to notify If a transferor fails to make a notification in accordance with item (aa) and such assisted structure is damaged by a flood disaster, the transferor shall pay the Federal Government an amount equal to the amount of any disaster relief provided by the Federal Government with respect to such assisted structure. (III) Assisted structure defined For the purposes of this clause, the term assisted structure means a structure on property that is part of an acquisition or relocation project assisted pursuant to subparagraph (A) that was, as part of such acquisition or relocation project— (aa) altered; (bb) improved; (cc) replaced; (dd) repaired; or (ee) restored. (C) Eligible structure defined For purposes of this paragraph, the term eligible structure means any structure that— (i) was constructed in compliance with the Flood Insurance Rate Map and local building and zoning codes in effect on the date of construction of the structure; and (ii) has not previously been altered, improved, replaced, or repaired using assistance provided under this subsection. (5) Treatment of coverage limits Any amount of coverage provided for a property pursuant to this subsection shall not be considered or counted for purposes of any limitation on coverage applicable to such property under section 1306(b) and any claim on such coverage shall not be considered a claim for purposes of section 1307(h) or subsection (a)(3) or (h)(3) of section 1366. (6) Implementation Notwithstanding any other provision of law, the Administrator may implement this subsection by adopting 1 or more standard endorsements to the Standard Flood Insurance Policy by publication of such standards in the Federal Register, or by comparable means. . 203. Flood mitigation assistance grants (a) Flood Mitigation Assistance Grant Program priority Section 1366 of the National Flood Insurance Act (42 U.S.C. 4104c) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly; (B) in the second sentence of the matter preceding subparagraph (A), as so redesignated, by striking assistance shall be and inserting the following: assistance shall— (1) be ; (C) in paragraph (1)(C), as so redesignated, by striking the period at the end and inserting ; and; and (D) by adding at the end the following: (2) in addition to the requirement under paragraph (1)(C), give priority to properties— (A) that are repetitive loss structures; (B) with respect to which the Administrator makes a determination that the premium rates with respect to a policy for flood insurance coverage under this title— (i) are unaffordable; or (ii) will soon become unaffordable as a result of a risk adjustment under Risk Rating 2.0, as in effect on the date of that determination; and (C) for which aggregate losses exceed the replacement value of the properties. ; and (2) in subsection (h), by adding at the end the following: (4) Unaffordable The term unaffordable means, with respect to the premium rates for a policy for flood insurance coverage under this title, that, in a year, those rates are in such an amount that the housing expenses (as defined in section 1308B(a)) of the household that is the subject of the policy are, for that year, more than 30 percent of the adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986). . (b) Additional mitigation assistance (1) Appropriations from general fund of Treasury For each of the first 5 full fiscal years after the date of enactment of this Act, there is authorized to be appropriated $1,000,000,000 to the National Flood Mitigation Fund to provide mitigation assistance under this subsection. (2) Rule of construction The authorization of appropriations under subparagraph (A) shall not be construed to authorize the transfer or crediting to the National Flood Mitigation Fund of any amounts from the National Flood Insurance Fund. 204. Urban mitigation opportunities (a) Mitigation strategies Section 1361(d)(1) of the National Flood Insurance Act of 1968 (42 U.S.C. 4102(d)(1)) is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B), by striking and at the end; and (3) by inserting after subparagraph (B) the following: (C) with respect to buildings in dense urban environments, methods that can be deployed on a block or neighborhood scale; and (D) elevation of mechanical systems; and . (b) Mitigation credit Section 1308(k) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(k)) is amended— (1) by striking shall take into account and inserting shall— (1) take into account ; (2) in paragraph (1), as so designated, by striking the period at the end and inserting ; and; and (3) by adding at the end the following: (2) offer a reduction of the risk premium rate charged to a policyholder in an amount that is not less than 10 percent of that rate if the policyholder implements any mitigation method described in paragraph (1). . 205. Community Rating System Regional Coordinator Section 1315(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4022(b)) is amended by adding at the end the following: (5) Regional coordinator (A) In general The Administrator shall appoint a regional coordinator in each region served by a Regional Office (as defined in section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311)) to provide technical assistance to small communities to enable those communities to effectively participate in and benefit from the community rating system program. (B) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this paragraph, which shall remain available until expended. . 206. Mitigation loan program (a) Definition In this section, the term mitigation measure means, with respect to a structure, a measure undertaken to reduce the risk of flood damage to the structure. (b) Establishment The Administrator may establish a pilot program through which the Administrator may provide low-interest loans to policyholders under the National Flood Insurance Program for the purposes described in subsection (c). (c) Purposes of loans A loan provided to a policyholder under the pilot program established under subsection (b) shall be used to undertake mitigation measures with respect to the insured property that cost less than the cost of the estimated amount of premiums that would be paid with respect to the property during the 50-year period beginning in the year in which the loan is made and if those mitigation measures were not undertaken. (d) Sale of property If a property with respect to which a loan has been made under this section is sold, upon that sale, the outstanding loan balance shall— (1) be repaid using the proceeds of the sale; or (2) carry over to the purchaser of the property if the purchaser so consents before the execution of the sale. 207. Revolving loan funds (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: 1326. State or Tribal government revolving loan funds for flood mitigation (a) Definitions In this section: (1) Community rating system The term Community Rating System means the community rating system program carried out under section 1315(b). (2) Intended use plan The term intended use plan means a plan prepared under subsection (d)(1). (3) Low-income geographic area The term low-income geographic area means an area described in paragraph (1) or (2) of section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)). (4) Low-income homeowner The term low-income homeowner means the owner of a primary residence, the household income of which in a taxable year is not more than 80 percent of the median income for the area in which the residence is located. (5) Participating entity The term participating entity means a State or Tribal government that— (A) has entered into an agreement under subsection (b)(1); and (B) agrees to comply with the requirements of this section. (6) Pre-FIRM building The term pre-FIRM building means a building for which construction or substantial improvement occurred before the later of— (A) December 31, 1974; or (B) the effective date of the rate map published by the Administrator under section 1360 for the area in which the building is located. (7) State or Tribal government loan fund The term State or Tribal government loan fund means a flood mitigation assistance revolving loan fund established by a State or Tribal government under this section. (8) Tribal government The term Tribal government means the recognized government of an Indian tribe, or the governing body of an Alaska Native regional or village corporation, that has been determined eligible to receive services from the Bureau of Indian Affairs. (b) General authority (1) In general The Administrator may enter into an agreement with a State or Tribal government to provide a capitalization grant for the State or Tribal government to establish a revolving fund that will provide funding assistance to help homeowners, businesses, nonprofit organizations, and communities reduce flood risk in order to decrease— (A) the loss of life and property; (B) the cost of flood insurance; and (C) Federal disaster payments. (2) Timing of deposit and agreements for distribution of funds (A) In general Not later than the last day of the fiscal year following the fiscal year in which a capitalization grant is made to a participating entity under paragraph (1), the participating entity shall— (i) deposit the grant in the State or Tribal government loan fund of the participating entity; and (ii) enter into 1 or more binding agreements that provide for the participating entity to distribute the grant funds for purposes authorized under subsection (c) such that— (I) in the case of the initial grant made to a participating entity under this section, not less than 75 percent of the amount of the grant shall be distributed before the end of the 2-year period beginning on the date on which the funds are deposited in the State or Tribal government loan fund of the participating entity; and (II) in the case of any subsequent grant made to a participating entity under this section, not less than 90 percent of the amount of the grant shall be distributed before the end of the 1-year period beginning on the date on which the funds are deposited in the State or Tribal government loan fund of the participating entity. (B) Noncompliance Except as provided in subparagraph (C), if a participating entity does not comply with subparagraph (A) with respect to a grant, the Administrator shall reallocate the grant in accordance with paragraph (3)(B). (C) Exception The Administrator may not reallocate any funds under subparagraph (B) to a participating entity that violated subparagraph (A) with respect to a grant made during the same fiscal year in which the funds to be reallocated were originally made available. (3) Allocation (A) In general The Administrator shall allocate amounts made available to carry out this section to participating entities— (i) for the participating entities to deposit in the State or Tribal government loan fund established by the participating entity; and (ii) except as provided in paragraph (6), in accordance with the requirements described in subparagraph (B). (B) Requirements The requirements described in this subparagraph are as follows: (i) Fifty percent of the total amount made available under subparagraph (A) shall be allocated so that each participating entity receives the percentage amount that is obtained by dividing the number of properties that were insured under the national flood insurance program in that State or Tribal government jurisdiction, as applicable, in the fiscal year preceding the fiscal year in which the amount is allocated by the total number of properties that were insured under the national flood insurance program in the fiscal year preceding the fiscal year in which the amount is allocated. (ii) Fifty percent of the total amount made available under subparagraph (A) shall be allocated so that each participating entity receives a percentage of funds that is equal to the product obtained under clause (iii)(IV) with respect to that participating entity after following the procedures described in clause (iii). (iii) The procedures described in this clause are as follows: (I) Divide the total amount collected in premiums for properties insured under the national flood insurance program in each participating entity during the previous fiscal year by the number of properties insured under the national flood insurance program in that State or Tribal government jurisdiction, as applicable, for that fiscal year. (II) Add together each quotient obtained under subclause (I). (III) For each participating entity, divide the quotient obtained under subclause (I) with respect to that State or Tribal government jurisdiction, as applicable, by the sum obtained under subclause (II). (IV) For each participating entity, multiply the amount that is 50 percent of the total amount made available under subparagraph (A) by the quotient obtained under subclause (III). (iv) Except as provided in paragraph (5), in a fiscal year— (I) a participating entity may not receive more than 15 percent of the total amount that is made available under subparagraph (A) in that fiscal year; and (II) if a participating entity, based on the requirements under clauses (i) through (iii), would, but for the limitation under subclause (I) of this clause, receive an amount that is greater than the amount that the State or Tribal government jurisdiction, as applicable, is authorized to receive under that subclause, the difference between the authorized amount and the amount otherwise due to the State or Tribal government jurisdiction, as applicable, under clauses (i) through (iii) shall be allocated to other participating entities— (aa) that, in that fiscal year, have not received an amount under subparagraph (A) that is more than the authorized amount under subclause (I) of this clause; and (bb) by using the requirements under clauses (i) through (iii), except that a participating entity may receive an allocation under this subclause only if the allocation does not result in the State or Tribal government jurisdiction, as applicable, receiving a total amount for the fiscal year under subparagraph (A) that is greater than the authorized amount under subclause (I). (4) No revolving fund required (A) In general Notwithstanding any other provision of this section, and subject to subparagraph (B), a participating entity that receives less than $4,000,000 under paragraph (3)(B) in a fiscal year may distribute the funds directly in the form of grants or technical assistance for a purpose described in subsection (c)(2), without regard to whether the participating entity has established a State or Tribal government loan fund. (B) Matching A participating entity that exercises the authority under subparagraph (A) in a fiscal year shall provide matching funds from non-Federal sources in an amount that is equal to 25 percent of the amount that the participating entity receives under paragraph (3)(B) in that fiscal year for purposes described in subparagraph (A). (5) Allocation of remaining funds After allocating amounts made available to carry out this section for a fiscal year in accordance with paragraph (3), the Administrator shall allocate any remaining amounts made available for that fiscal year to participating entities, using the procedures described in clauses (i) through (iii) of paragraph (3)(B). (6) Reservation of funds The Administrator shall reserve not more than 1.5 percent of the amount made available to carry out this section in a fiscal year— (A) for administrative costs incurred by the Federal Emergency Management Agency in carrying out this section; (B) to provide technical assistance to recipients of grants under this section; and (C) to enter into grant agreements with insular areas, with the grant funds to be distributed— (i) according to criteria established by the Administrator; and (ii) for a purpose described in subsection (c)(2). (c) Use of funds (1) In general Amounts deposited in a State or Tribal government loan fund, including repayments of loans made from the fund and interest earned on the amounts in the fund, shall be used— (A) consistent with paragraph (2) and subsection (g), to provide financial assistance for— (i) homeowners, businesses, and nonprofit organizations that are eligible to participate in the national flood insurance program; and (ii) any local government that participates in the national flood insurance program; (B) as a source of revenue and security for leveraged loans, the proceeds of which shall be deposited in the State or Tribal government loan fund; or (C) for the sale of bonds as security for payment of the principal and interest on revenue or general obligation bonds issued by the participating entity to provide matching funds under subsection (f), if the proceeds from the sale of the bonds are deposited in the State or Tribal government loan fund. (2) Purposes A recipient of financial assistance provided through amounts from a State or Tribal government loan fund— (A) shall use the amounts to reduce— (i) flood risk; or (ii) potential claims for losses covered under the national flood insurance program; (B) shall use the amounts in a cost-effective manner under requirements established by the participating entity, which may require an applicant for financial assistance to submit any information that the participating entity considers relevant or necessary before the date on which the applicant receives the assistance; (C) shall use the amounts for projects that— (i) meet design and construction standards established by the Administrator; (ii) are located in communities that— (I) participate in the national flood insurance program; and (II) have developed a community flood risk mitigation plan that has been approved by the Administrator under section 1366; (iii) address— (I) a repetitive loss structure or a severe repetitive loss property; or (II) flood risk in the 500-year floodplain, areas of residual flood risk, or other areas of potential flood risk, as identified by the Administrator; and (iv) address current risk and anticipate future risk, such as sea-level rise, and flood risk resulting from wildfire; (D) may use the amounts— (i) for projects relating to— (I) structural elevation; (II) floodproofing; (III) the relocation or removal of buildings from the 100-year floodplain or other areas of flood risk, including the acquisition of properties for such a purpose; (IV) environmental restoration activities that directly reduce flood risk, including green infrastructure; (V) any eligible activity described in subparagraphs (A) through (G) of section 1366(c)(3); or (VI) other activities determined appropriate by the Administrator; (ii) with respect to a project described in clause (i), only for expenditures directly related to a project described in that clause, including expenditures for planning, design, and associated pre-construction activities; (iii) to acquire, for the purposes of permanent protection, land, buildings, or a conservation easement from a willing seller or grantor, provided that— (I) the use of the land will be committed in perpetuity, with assurances from the recipient, that the land will only be used for open spaces, recreational use, or wetland management practices; and (II) no new structure will be erected on the property acquired other than— (aa) a public facility that is open on all sides and functionally related to a designated open space; (bb) a restroom; or (cc) a structure that the Administrator approves in writing before the commencement of a construction of the structure; and (iv) the recipient may make no subsequent application for disaster assistance for any purpose and no such assistance will be provided to the applicant from any Federal source; (E) may not use the amounts— (i) to construct buildings or expand existing buildings, unless the activity is for the purpose of flood mitigation; (ii) to improve any structure, unless the recipient has obtained flood insurance coverage, which shall be maintained for the useful life of the structure, in an amount that is not less than the lesser of— (I) the eligible project costs with respect to the structure; and (II) the maximum insurable limit for the structure under the national flood insurance program coverage for the structure; (iii) to improve a residential property with an appraised value that is not less than 125 percent of the limitation on the maximum original principal obligation of a conventional mortgage that may be purchased by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation in the area in which the property is located, as established under section 302(b)(2) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)); (iv) for the direct benefit of a homeowner if the annual household adjusted gross income of the homeowner during the previous fiscal year was not less than $200,000, as annually adjusted by the Administrator to reflect changes in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics of the Department of Labor and rounded to the nearest $25; or (v) to acquire real property or an interest in real property unless the property is purchased from a willing seller; and (F) to the maximum extent practicable, shall, in using those amounts, give priority to projects that assist low-income homeowners and low-income geographical areas. (d) Intended use plans (1) In general After providing the opportunity for public review and comment, each participating entity shall annually prepare a plan that identifies, for the year following the date of issuance of the intended use plan, the intended uses of the amounts available in the State or Tribal government loan fund of the participating entity. (2) Consultation during preparation Each participating entity, in preparing an intended use plan, shall ensure that the State or Tribal government agency with primary responsibility for floodplain management— (A) provides oversight with respect to the preparation of the intended use plan; and (B) consults with any other appropriate State or Tribal government agency, including agencies responsible for coastal and environmental management. (3) Contents A participating entity shall, in each intended use plan— (A) include— (i) an explanation of the mitigation and resiliency benefits the participating entity intends to achieve, including by— (I) reducing future damage and loss associated with flooding; (II) reducing the number of severe repetitive loss properties and repetitive loss structures in the State or Tribal government jurisdiction, as applicable; (III) decreasing the number of flood insurance claims in the State or Tribal government jurisdiction, as applicable; and (IV) increasing the rating under the Community Rating System for communities in the State or Tribal government jurisdiction, as applicable; (ii) information with respect to the availability of, and the application process for receiving, financial assistance from the State or Tribal government loan fund of the participating entity; (iii) the criteria and methods established for the distribution of amounts from the State or Tribal government loan fund of the participating entity; (iv) the amount of financial assistance that the participating entity anticipates providing to— (I) local government projects; and (II) projects for homeowners, business, or nonprofit organizations; (v) the expected terms of the assistance provided under clause (iv); and (vi) a description of the financial status of the State or Tribal government loan fund and the short-term and long-term goals of the State or Tribal government loan fund; and (B) provide, to the maximum extent practicable, that priority for the use of amounts from the State or Tribal government loan fund shall be given to projects that— (i) address severe repetitive loss properties and repetitive loss structures; (ii) assist low-income homeowners and low-income geographic areas; and (iii) address flood risk for pre-FIRM buildings. (4) Publication Each participating entity shall publish and periodically update a list of all projects receiving funding from the State or Tribal government loan fund of the participating entity, which shall include identification of— (A) the community in which the project is located; (B) the type and amount of assistance provided for each project; and (C) the expected funding schedule and date of completion of each project. (e) Fund management Amounts in a State or Tribal government loan fund shall— (1) remain available for providing financial assistance under this section until distributed; (2) if the amounts are not required for immediate distribution or expenditure, be invested in interest-bearing obligations; and (3) except as provided in subsection (i), include only— (A) amounts received from capitalization grants made under this section; (B) repayments of loans made from the fund; and (C) interest earned on amounts in the fund. (f) Matching funds (1) Full grant On or before the date on which a participating entity receives a capitalization grant, the participating shall deposit into the State or Tribal government loan fund of the participating entity, in addition to the amount of the capitalization grant, an amount from non-Federal sources that is not less than 20 percent of the total amount of the capitalization grant. (2) Reduced grant If, with respect to a capitalization grant, a participating entity deposits in the State or Tribal government loan fund of the participating entity an amount from non-Federal sources that is less than 20 percent of the total amount of the capitalization grant that the participating entity would otherwise receive, the Administrator shall— (A) reduce the amount of the capitalization grant received by the participating entity to the amount that is 5 times the amount so deposited; and (B) in accordance with subsection (b)(5), allocate the difference between the amount that the participating entity would have received if the participating entity had complied with paragraph (1) and the amount of the reduced grant that the participating entity receives under subparagraph (A). (g) Types of assistance Unless otherwise prohibited by law of a participating entity, the participating entity may use the amounts deposited into a State or Tribal government loan fund under this section only— (1) to make a loan, on the condition that— (A) the interest rate for the loan is not more than the market interest rate; (B) the recipient of the loan will begin making principal and interest payments on the loan not later than 1 year after the date on which the project for which the loan was made is completed; (C) the loan will be fully amortized not later than 20 years after the date on which the project for which the loan was made is completed, except that, in the case of a loan made for a project in a low-income geographic area or to a low-income homeowner, the State may provide a longer amortization period for the loan if that longer period— (i) ends on a date that is not later than 30 years after the date on which the project is completed; and (ii) is not longer than the expected design life of the project; (D) the recipient of the loan demonstrates, based on verified and documented information that, as of the date on which the loan is made, the recipient has a reasonable ability to repay the loan, according to the terms of the loan, except that this subparagraph may not be construed to authorize any reduction or limitation in efforts to comply with the requirements of subsection (c)(2)(F); and (E) payments of principal and interest with respect to the loan will be deposited into the State or Tribal government loan fund; (2) to buy or refinance the debt obligation of a local government at an interest rate that is not more than the market interest rate; (3) to guarantee, or purchase insurance for, a local obligation, the proceeds of which finance a project eligible for assistance under this section, if the guarantee or purchase, as applicable, would— (A) improve credit market access; or (B) reduce the interest rate with respect to the obligation; (4) as a source of revenue or as security for the payment of principal and interest on revenue or general obligation bonds issued by the participating entity if the proceeds of the sale of the bonds will be deposited into the State or Tribal government loan fund; or (5) to earn interest on those amounts. (h) Assistance for low-Income homeowners and low-Income geographic areas (1) In general Notwithstanding any other provision of this section, if a participating entity uses amounts from a State or Tribal government loan fund to provide financial assistance under subsection (c) in a low-income geographic area or to a low-income homeowner, the participating entity may provide additional subsidization to the recipient of the assistance, including forgiveness of the principal of a loan. (2) Limitation For each fiscal year, the total amount of additional subsidization provided by a participating entity under paragraph (1) may not exceed 30 percent of the amount of the capitalization grant allocated to the participating entity for that fiscal year. (i) Administration of fund (1) In general A participating entity may combine the financial administration of a State or Tribal government loan fund with the financial administration of any other revolving fund established by the participating entity if— (A) combining the administration of the funds would— (i) be convenient and avoid administrative costs; and (ii) not violate the law of the participating entity; and (B) the Administrator determines that— (i) amounts obtained from a grant made under this section, amounts obtained from the repayment of a loan made from a State or Tribal government loan fund, and interest earned on amounts in a State or Tribal government loan fund will be— (I) accounted for separately from amounts from other revolving funds; and (II) used only for purposes authorized under this section; and (ii) after consulting with the appropriate State or Tribal government agencies, the authority to establish assistance priorities and carry out oversight and related activities, other than financial administration, with respect to flood assistance remains with the State or Tribal government agency with primary responsibility for floodplain management. (2) Administrative and technical costs (A) In general For each fiscal year, a participating entity may use the amount described in subparagraph (B) to— (i) pay the reasonable costs of administration of the programs under this section, including the recovery of reasonable costs incurred in establishing a State or Tribal government loan fund; (ii) provide appropriate oversight of projects authorized under this section; and (iii) provide technical assistance and outreach to recipients in the State or Tribal government jurisdiction of amounts under this section, including with respect to updating hazard mitigation plans and participating in the Community Rating System, in an amount that is not more than 4 percent of the funds made available to the State or Tribal government jurisdiction under this section. (B) Description The amount described in this subparagraph is an amount equal to the sum of— (i) any fees collected by a participating entity to recover the costs described in subparagraph (A)(i), regardless of the source; and (ii) the greatest of— (I) $400,000; (II) 0.2 percent of the value of the State or Tribal government loan fund of a participating entity, as of the date on which the valuation is made; and (III) an amount equal to 7 percent of all grant awards made to a participating entity for the State or Tribal government loan fund of the participating entity under this section for the fiscal year. (3) Audit and report (A) Audit requirement Not less frequently than biennially, each participating entity shall conduct an audit of the State or Tribal government loan fund of the participating entity. (B) Report Each participating entity shall submit to the Administrator a biennial report regarding the activities of the participating entity under this section during the period covered by the report, including— (i) the result of any audit conducted by the participating entity under subparagraph (A); and (ii) a review of the effectiveness of the State or Tribal government loan fund of the participating entity with respect to— (I) the intended use plans of the participating entity; and (II) meeting the objectives described in subsection (b)(1). (4) Oversight In conducting oversight with respect to State or Tribal government loan funds established under this section, the Administrator— (A) shall— (i) periodically audit the funds in accordance with procedures established by the Comptroller General of the United States; and (ii) not less frequently than once every 4 years, review each State or Tribal government loan fund to determine the effectiveness of the fund in reducing flood risk; and (B) may, at any time— (i) make recommendations to a participating entity with respect to the administration of the State or Tribal government loan fund of the participating entity; or (ii) require specific changes with respect to a State or Tribal government loan fund of the participating entity in order to improve the effectiveness of the fund. (j) Liability protections The Federal Emergency Management Agency shall not be liable for any claim based on the exercise or performance of, or the failure to exercise or perform, a discretionary function or duty by the Agency, or an employee of the Agency, in carrying out this section. (k) Regulations The Administrator shall promulgate such guidance or regulations as may be necessary to carry out this section, including guidance or regulations that— (1) ensure that each participating entity to which funds are allocated under this section uses the funds as efficiently as possible; (2) reduce, to the maximum extent practicable, waste, fraud, and abuse with respect to the implementation of this section; and (3) require any party that receives funds directly or indirectly under this section, including a participating entity and a recipient of amounts from a State or Tribal government loan fund, to use procedures with respect to the management of the funds that conform to generally accepted accounting standards. (l) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2024 through 2033. . (b) Consideration of mitigation measures funded by State loan funds in flood insurance premium rates (1) Estimated rates Section 1307(a)(1)(A)(ii) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)(A)(ii)) is amended by striking and similar measures and inserting similar measures, any activities funded through amounts from a State or Tribal government loan fund established under section 1327. (2) Chargeable rates Section 1308(b)(1) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(b)(1)) is amended by striking and similar measures and inserting similar measures, any activities funded through amounts from a State or Tribal government loan fund established under section 1327. 208. Mapping modernization (a) Amendments to the Biggert-Waters Flood Insurance Reform Act of 2012 The Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4004 et seq.) is amended— (1) in section 100215 (42 U.S.C. 4101a)— (A) in subsection (b)— (i) in paragraph (1)— (I) by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F), respectively; (II) by inserting before subparagraph (B), as so redesignated, the following: (A) the Director of the United States Geological Survey; ; and (III) in subparagraph (F), as so redesignated— (aa) in the matter preceding clause (i), by striking 16 and inserting 17; (bb) in clause (xiii), by striking and at the end; (cc) in clause (xiv), by striking the period at the end and inserting ; and; and (dd) by adding at the end the following: (xv) an expert in the field of catastrophic risk modeling. ; (ii) in paragraph (2), in the second sentence, by striking paragraph (1)(E) and inserting paragraph (1)(F); and (iii) by adding at the end the following: (3) Conflicts of interest A member of the Council— (A) may not, while serving on the Council, be employed or retained by— (i) a Federal Emergency Management Agency contractor or consultant; or (ii) a nongovernmental entity that was awarded a Federal grant during the 5-year period preceding the date on which the member was appointed to the Council; and (B) may not have been employed by a Federal Emergency Management Agency contractor or consultant during the 5-year period preceding the date on which the member was appointed to the Council. ; and (B) by adding at the end the following: (m) Private or community flood maps (1) Standards and procedures In addition to the other duties of the Council under this section, not later than 1 year after the date of enactment of this subsection, the Council shall develop and establish a set of standards, guidelines, and procedures for— (A) State and local governments, federally or State-recognized metropolitan planning organizations (commonly known as MPOs), federally or State-recognized councils of local governments, and federally or State-recognized rural transportation planning organizations to use in mapping flood risks and developing alternative maps to the flood insurance rate maps developed by the Administrator; and (B) certification, by the Administrator not later than 90 days after the date on which a map developed under subparagraph (A) is submitted to the Administrator, for use under the National Flood Insurance Program in the case of any area covered by a flood insurance rate map developed or approved by the Administrator that has not been updated or reissued during the preceding 3-year period. (2) Treatment On and after the date on which the Administrator certifies a map under paragraph (1)(B), and subject to the requirements of section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104), the map— (A) shall be considered the flood insurance rate map in effect for all purposes of the National Flood Insurance Program with respect to the area covered by the map; and (B) may not be revised, updated, or replaced in accordance with the standards, guidelines, and procedures established under paragraph (1) before the expiration of the 3-year period beginning on that date of certification. (3) Exemption from rulemaking Until the date on which the Administrator promulgates regulations implementing paragraphs (1) and (2), the Administrator may adopt policies and procedures, notwithstanding any other provision of law, necessary to implement those paragraphs without regard to section 553 of title 5, United States Code, and without conducting regulatory analyses otherwise required by statute, regulation, or Executive order. ; and (2) in section 100216 (42 U.S.C. 4101b)— (A) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A)— (aa) in clause (v), by striking and at the end; (bb) in clause (vi), by adding and at the end; and (cc) by inserting after clause (vi) the following: (vii) all other areas of the United States that are not described in clauses (i) through (vi); ; (II) in subparagraph (B), by striking and at the end; (III) in subparagraph (C), by striking the period at the end and inserting , including the most recently available and best remote sensing technology;; and (IV) by adding at the end the following: (D) when appropriate, partner with other Federal agencies, States, and private entities in order to meet the objectives of the program; and (E) consult and coordinate with the Secretary of Defense, the Director of the United States Geological Survey, the Director of the Fish and Wildlife Service, and the Administrator of the National Oceanic and Atmospheric Administration to obtain the most up-to-date maps and other information of those agencies, including information relating to topography, water flow, watershed characteristics, and any other issues that are relevant to identifying, reviewing, updating, maintaining, and publishing National Flood Insurance Program rate maps. ; and (ii) in paragraph (3)— (I) in subparagraph (A), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; (II) by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively, and adjusting the margins accordingly; (III) in the matter preceding clause (i), as so redesignated, by striking Administrator shall include— and inserting the following: Administrator— (A) shall include— ; (IV) in subparagraph (A)(v), as so redesignated, by striking the period at the end and inserting ; and; and (V) by adding at the end the following: (B) may include— (i) any relevant information that is obtained under paragraph (1)(E); and (ii) cadastral features, including, for each cadastral feature— (I) the associated parcel identification data for that feature; and (II) to the maximum extent practicable, using public and private sector address data, the address of that feature. ; (B) in subsection (c)(2)— (i) in subparagraph (B), by striking and at the end; (ii) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (D) not later than 5 years after the date on which the National Geodetic Survey completes the modernization of the National Spatial Reference System in 2022, updated to conform with the geospatial data provided by that system; and (E) spatially accurate in accordance with the common protocols for geographic information systems under applicable law. ; (C) by redesignating subsection (f) as subsection (g); (D) by inserting after subsection (e) the following: (f) Incorporating building-Specific flood risk information (1) Establishment (A) In general Not later than 5 years after the date of enactment of the National Flood Insurance Program Reauthorization and Reform Act of 2023, the Administrator, in coordination with, and as recommended by, the Technical Mapping Advisory Council, shall establish a dynamic, database-derived digital display environment for flood hazard risk production and dissemination. (B) Consultation with States and communities In designing and constructing the environment under subparagraph (A), the Administrator shall— (i) leverage and partner with States and communities that have successfully implemented the same approach; and (ii) consider adopting the techniques and technologies used by States and communities described in clause (i) and applying them nationwide. (2) Digital display (A) In general In carrying out paragraph (1), the Administrator shall create a digital display prompted through dynamic querying of a spatial, relational building database that includes— (i) special flood hazard areas and base flood elevations for purposes of lender compliance with the requirements under section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a); and (ii) structure-specific flood risk information, including, for each property address— (I) the spatial footprint and elevation of the structure relative to special flood hazard areas and base flood elevations; (II) elevation data applicable to the property; (III) any letter of map changes; (IV) to the maximum extent practicable, the full risk premium rate estimated for the structure under section 1307(a)(1) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)) based on elevation data and, where applicable, the level of protection provided by levee systems; (V) the disclosure described in section 1308(l) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(l)), which shall include— (aa) the extent to which, if any, the chargeable premium rate applicable to the property is less than the full risk premium rate under section 1307(a)(1) of that Act (42 U.S.C. 4014(a)(1)); and (bb) an explanation of the difference described in item (aa) and the methodology used to rate the property; (VI) the estimated cost to repair the structure in the case of damage from floods with recurrence intervals ranging from the 10 percent annual chance event to the 0.2 percent annual chance event; (VII) the cost-effectiveness of mitigating the structure using common methods and how the chargeable premium rate would change based on each mitigation method; and (VIII) the claims history of the structure, including the amount and date of each loss. (B) Privacy requirements With respect to the database described in subparagraph (A), including any data used to create that database, the Administrator may not disseminate the database to any person other than the owner or leaseholder of a property identified in the database. (3) Database (A) In general The Administrator shall— (i) develop a spatial, relational database of buildings for which flood hazard has been identified through the National Flood Insurance Program; and (ii) obtain the data necessary to support the digital display created under paragraph (2). (B) Data The data obtained under subparagraph (A) shall include, at a minimum— (i) footprints and elevations (including lowest adjacent grade and first floor) from Light Detection and Ranging (commonly known as LiDAR) data collections or other data collection methods that meet or exceed the standards for buildings, as determined by the Administrator; (ii) elevation data; (iii) parcel, address, and imagery data necessary for the identification, assessment, and reduction of flood hazards for individual properties; (iv) flood insurance rate maps, studies, and supporting data; (v) letters of map change; and (vi) any other data that the Administrator determines necessary to collect to meet the objectives of this section. (4) Data procurement The Administrator shall obtain any data necessary to establish the environment under paragraph (1), including by— (A) directing communities participating in the National Flood Insurance Program, by regulation, to collect and supply information, including elevation data, for each structure that obtains a construction or other development permit within— (i) a special flood hazard area; or (ii) an advisory special flood hazard area adopted by the community; (B) issuing guidelines and standards, as determined by the Administrator; (C) partnering with other Federal, State, local, and private stakeholders to the greatest extent possible to obtain and share existing data that meets or exceeds the standards determined by the Administrator under subparagraph (B); and (D) contracting with private companies to obtain new LiDAR data collections or elevation data. (5) NFIP premium credit The Administrator shall provide a 1-time premium credit of not more than $500 to a policyholder for the purchase of an elevation certificate. (6) Mass letters of map change In coordination with States and communities that have successfully implemented a dynamic, database-derived digital display environment for flood hazard risk production and dissemination, the Administrator shall issue guidelines for the adoption and integration into the program established under subsection (a) of LiDAR-based letter of map amendment approaches. (7) Annual report The Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual progress report on the implementation of this subsection, which shall include recommendations to reduce the cost and improve the implementation of this subsection. ; and (E) in subsection (g), as so redesignated— (i) by striking this section $400,000,000 and inserting the following: this section— (1) $500,000,000 ; and (ii) by striking the period at the end and inserting the following: ; and (2) $500,000,000 for each of fiscal years 2024 through 2029. . (b) Appeals (1) In general (A) Right to appeal Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) is amended by adding at the end the following: (k) Appeals of existing maps (1) Right to appeal Subject to paragraph (6), a State or local government, or the owner or lessee of real property, that makes a formal request to the Administrator to update a flood insurance rate map that the Administrator denies may at any time appeal the denial in accordance with this subsection. (2) Basis for appeal The basis for an appeal under this subsection shall be the possession of knowledge or information that— (A) the base flood elevation level or designation of any aspect of a flood insurance rate map is scientifically or technically inaccurate; or (B) factors exist that mitigate the risk of flooding, including ditches, banks, walls, vegetation, levees, lakes, dams, reservoirs, basin, retention ponds, and other natural or manmade topographical features. (3) Appeals process (A) Administrative adjudication The Administrator shall determine an appeal under this subsection by making a final adjudication on the record, after providing an opportunity for an administrative hearing. (B) Rights upon adverse decision (i) Optional arbitration If an appeal determined under subparagraph (A) does not result in a decision in favor of the State, local government, owner, or lessee, that party may request that an appeal of the adverse decision be heard— (I) through independent, non-binding arbitration; or (II) by the Scientific Resolution Panel provided for in section 1363A. (ii) Process Notwithstanding any provision of section 1363A(c)(4) regarding the binding nature of the recommendations of the Scientific Resolution Panel, the Administrator shall establish a process for the purposes of clause (i) under which an arbitrator or the Scientific Resolution Panel, as applicable, provides a non-binding recommendation to the Administrator. (4) Relief (A) Wholly successful appeals If the Administrator determines in an appeal under this subsection that the property of a policyholder that had been included in a special flood hazard area under the flood insurance rate map is actually not in a special flood hazard area— (i) the policyholder may cancel the policy at any time during the year in which the Administrator makes the determination; and (ii) the Administrator shall provide the policyholder a refund equal to the amount of— (I) any premiums that the policyholder paid during the year described in clause (i); and (II) any premiums that the policyholder paid for flood insurance coverage that the policyholder was required to purchase or maintain during the 2-year period preceding the year described in clause (i). (B) Partially successful appeals If the Administrator determines in an appeal under this subsection that mitigating factors have reduced, but not eliminated, the risk of flooding to a property, the Administrator shall— (i) reduce the amount of flood insurance coverage required to be maintained for the property by the ratio of the successful portion of the appeal as compared to the entire appeal; and (ii) provide the policyholder a refund equal to the difference between— (I) the amount of any premiums that the policyholder paid during the period— (aa) beginning on the later of— (AA) the date on which the mitigating factor was created; or (BB) January 1 of the second year preceding the date on which the determination is made; and (bb) ending on the date on which the reduction in the amount of flood insurance required, as described in clause (i), takes effect; and (II) the amount of premiums that the policyholder would have been required to pay if the reduced amount of flood insurance coverage required, as described in clause (i), had been in effect during the period described in subclause (I) of this clause. (C) Additional relief The Administrator may provide additional refunds in excess of the amounts required under subparagraphs (A) and (B) if the Administrator determines that such additional refunds are warranted. (5) Recovery of costs (A) Appeal expenses If a State or local government, or the owner or lessee of real property, incurs any expense in connection with an appeal under this subsection that is based on a scientific or technical error made by the Administrator and that is successful in whole or part regarding the designation of the base flood elevation or any aspect of a flood insurance rate map, including elevation or designation of a special flood hazard area, the Administrator shall reimburse the State, local government, owner, or lessee in accordance with subparagraph (B). (B) Reimbursable expenses The Administrator— (i) may reimburse a party under subparagraph (A) for reasonable expenses described in that subparagraph— (I) including for a service provided by a surveyor, engineer, or scientific expert; and (II) to the extent measured by the ratio of the successful portion of the appeal as compared to the entire appeal; and (ii) may not reimburse a party under subparagraph (A) for— (I) the cost of legal services; or (II) the payment of any fee or expense, the payment of which was agreed to be contingent upon the result of the appeal. (6) Guidance The Administrator shall issue guidance to implement this subsection, which shall not be subject to the notice and comment requirements under section 553 of title 5, United States Code. . (B) Technical and conforming amendments Section 1310(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is amended— (i) in paragraph (7), by striking and at the end; (ii) in paragraph (8), by striking the period at the end and inserting ; and; and (iii) by adding at the end the following: (9) for providing reimbursements of expenses of flood insurance rate map appeals under section 1360(k)(5). . (2) Deadline for issuance of guidance Not later than 180 days after the date of enactment of this Act, the Administrator shall issue the guidance required under subsection (k)(6) of section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), as added by paragraph (1)(A). (3) Issuance of regulations for map appeals Not later than 180 days after the date of enactment of this Act, the Administrator shall issue the regulations required to be issued under subsection (f) of section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104) and any relevant guidance to implement that subsection. 209. Appeals Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a fair, transparent, and streamlined process to manage disputes regarding chargeable premium rates prescribed under section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015), as amended by this Act, including a dispute regarding, with respect to a property— (1) the distance of the property from an ocean, coastline, lake, or river; (2) the elevation of the property; (3) the ground elevation of the property; (4) the first floor height of the property; (5) the type of foundation with respect to the property; or (6) the quality of any levee on the property. 210. Levee-protected areas Section 100216(b) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b(b)) is amended by adding at the end the following: (4) Areas protected by levee systems (A) Applicability To facilitate the implementation of this section, and notwithstanding any other provision of law, this paragraph shall apply to a community in which the Administrator establishes rates for flood insurance under the National Flood Insurance Program in a levee-protected area. (B) Non-accredited levee systems (i) Assessment of protection provided by non-accredited levee systems With respect to an area in which the pertinent levee system fails to meet the minimum design, operation, and maintenance standards of the National Flood Insurance Program described in section 65.10 of title 44, Code of Federal Regulations, or any successor regulation, for levee accreditation on a National Flood Insurance Program rate map under the Risk Rating 2.0 methodology (or any substantially similar methodology), the Administrator shall, not later than 1 year after the date of enactment of this paragraph— (I) through rules issued under section 553 of title 5, United States Code, establish— (aa) the analysis that the Administrator will perform to determine the level of protection provided by the non-accredited levee system; and (bb) the procedure by which the Administrator will establish rates for flood insurance under the National Flood Insurance Program for that area; and (II) (aa) issue guidance with respect to the matters described in items (aa) and (bb) of subclause (I); or (bb) use the levee analysis and mapping procedure of the Federal Emergency Management Agency, as in effect on the date of enactment of this paragraph, for purposes of updating flood insurance rate maps and establishing rates for flood insurance under the National Flood Insurance Program, working with established Local Levee Partnership Teams or their equivalent for verification of accurate results. (ii) Rate for areas without sufficient data With respect to a structure that is located in an area described in clause (i), and for which the Administrator does not have sufficient data to assess risk, the Administrator may not increase the rates for flood insurance under the National Flood Insurance Program for that structure until the Administrator— (I) carries out clause (i) with respect to that area; and (II) makes available to all parties affected by the increased rate the data on which the Administrator is relying in establishing that increased rate. (C) Mandatory purchase requirement for levee systems In any area in which the pertinent levee system meets the minimum design, operation, and maintenance standards described in section 65.10 of title 44, Code of Federal Regulations, or any successor regulation, the Administrator may not— (i) designate the levee-protected area a special flood hazard area; or (ii) impose any requirement to purchase flood insurance for a structure located in the area. (D) Appeals process (i) In general Not later than 1 year after the date of enactment of this paragraph, the Administrator shall develop an appeals process for communities located within a levee-protected area described in this paragraph that disputes the assessment made by the Administrator of the level of protection provided by the levee or the residual risk associated with the levee. (ii) Definition requirements With respect to the appeals process established under clause (i)— (I) subject to subclause (II), the Administrator shall make clear which definition of the terms levee and residual risk shall apply for the purposes of the appeal; and (II) an appellant in an appeal brought under that process may require that the Administrator use the definition of the term levee in section 59.1 of title 44, Code of Federal Regulations, or any successor regulation. . 211. Community-wide flood mitigation activities It is the sense of Congress that the Administrator should consider flood mitigation activities that— (1) provide benefits to an entire floodplain or community, or to a portion of such a community; (2) consider all available and practicable approaches; and (3) the Administrator determines— (A) are technically feasible; (B) have the highest net benefits; and (C) are consistent with mitigation plans approved by the Administrator. 212. Premium calculator (a) Definitions In this section— (1) the term covered property means a property for which insurance is provided under the National Flood Insurance Program; and (2) the term premium rates means chargeable premium rates prescribed under section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015), as amended by this Act. (b) Requirements The Administrator shall take the following actions: (1) Not later than 60 days after the date of enactment of this Act, make public all formulas used by the Administrator to calculate the value of mitigation credits provided with respect to covered properties, including, at a minimum, credits for— (A) installing a flood opening; (B) elevating such a property onto a post, pile, or pier; and (C) elevating machinery and equipment above the lowest floor of such a property. (2) Not later than 90 days after the date of enactment of this Act, establish a tool that allows members of the public to estimate premium rates for covered properties under the Risk Rating 2.0 program (or any similar methodology) within a reasonable margin of error based on user inputs, which shall include a mechanism for determining how the premium rates for a covered property would change based on taking a particular mitigation action, including an action described in subparagraph (A), (B), or (C) of paragraph (1) with respect to the covered property. (3) Not later than 1 year after the date of enactment of this Act, and annually thereafter, publish online, for each State, county, and ZIP Code in the United States, a distribution showing the median, mean, lower and upper quartiles, maximum, and minimum— (A) premium rates; and (B) full risk premium rates under section 1307(a)(1) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)), as amended by this Act. 213. Consideration of mitigation projects in flood insurance premium rates (a) Estimated rates Section 1307(a)(1)(A)(ii) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)(A)(ii)), as amended by section 207(b)(1) of this Act, is amended by inserting after section 1327 the following: , and any mitigation project carried out by the Army Corps of Engineers or under the community development block grant program for disaster recovery or mitigation, section 203 or 205 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5135), or the Building Resilient Infrastructure and Communities program of the Federal Emergency Management Agency. (b) Chargeable rates Section 1308(b)(1) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(b)(1)), as amended by section 207(b)(2) of this Act, is amended by inserting after section 1327 the following: , and any mitigation project carried out by the Army Corps of Engineers or under the community development block grant program for disaster recovery or mitigation, section 203 or 205 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5135), or the Building Resilient Infrastructure and Communities program of the Federal Emergency Management Agency. III Solvency 301. Forbearance on NFIP interest payments (a) In general During the 5-year period beginning on the date of enactment of this Act, the Secretary of the Treasury may not charge the Administrator interest on amounts borrowed by the Administrator under section 1309(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) that were outstanding as of the date of enactment of this Act, including amounts borrowed after the date of enactment of this Act that refinance debts that existed before the date of enactment of this Act. (b) Use of saved amounts There shall be deposited into the National Flood Mitigation Fund an amount equal to the interest that would have accrued on the borrowed amounts during the 5-year period described in subsection (a) at the time at which those interest payments would have otherwise been paid, which, notwithstanding any provision of section 1367 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104d), the Administrator shall use to carry out the program established under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c). (c) No retroactive accrual After the 5-year period described in subsection (a), the Secretary of the Treasury shall not require the Administrator to repay any interest that, but for that subsection, would have accrued on the borrowed amounts described in that subsection during that 5-year period. 302. Cap on Write Your Own company compensation (a) In general Section 1311 of the National Flood Insurance Act of 1968 (42 U.S.C. 4018) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Limitation on compensation; minimum agent commissions In negotiating with appropriate representatives of the insurance industry under subsection (a), the Administrator shall ensure that— (1) any reimbursement paid to a property and casualty insurance company for selling, writing, and servicing flood insurance policies is not more than 22.46 percent of the aggregate amount of premiums charged by the insurance company; and (2) an insurance company pays a portion of the reimbursement described in paragraph (1) to agents of the company as a commission, in an amount that is not less than 15 percent of the aggregate amount of the premiums sold by the agent. . (b) Technical and conforming amendments Section 1311 of the National Flood Insurance Act of 1968 (42 U.S.C. 4018), as amended by subsection (a), is amended— (1) in subsection (a), by striking The Administrator and inserting In general.—The Administrator; and (2) in subsection (c), as so redesignated by subsection (a) of this section, by striking For purposes of subsection (a) and inserting Definitions.—For purposes of this section. 303. Third-party service provider costs; transparency (a) In general Section 100224(d) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4081 note) is amended— (1) by striking Not later than 12 months after the date of enactment of this Act, the Administrator and inserting the following: (1) In general The Administrator ; and (2) by adding at the end the following: (2) Vendor costs; transparency In issuing the rule under paragraph (1), the Administrator shall— (A) develop a schedule to determine the actual costs of Write Your Own third-party service providers, including claims adjusters and engineering companies; (B) provide that if a Write Your Own company requests reimbursement for the costs of a service or product provided to the company by a vendor, the Administrator only reimburses the company for the actual costs of the service or products; and (C) require that all reimbursements to Write Your Own companies be made public, including a description of the product or service provided to which the reimbursement pertains. . (b) Deadline for revised rule Not later than 90 days after the date of enactment of this Act, the Administrator shall issue a revised rule under section 100224(d) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4081 note), as amended by subsection (a). 304. Availability of NFIP claims data (a) Study required (1) In general The Administrator shall study the feasibility of selling or licensing the use of historical structure-specific National Flood Insurance Program claims data (referred to in this section as covered claims data) to nongovernmental entities. (2) Contents In conducting the study required under paragraph (1), the Administrator shall, at a minimum— (A) investigate 1 or more methods of providing the most specific covered claims data possible while reasonably protecting policyholder privacy; (B) review existing means, as of the date of enactment of this Act, by which the Federal Government and nongovernmental entities provide leases or licenses to private persons, and the various regulations, terms, conditions, and guidance employed; (C) identify potential uses for covered claims data and any known risks concerning those uses, including the risk that private insurance companies will use the data to issue flood insurance policies with respect to properties that have the lowest level of flood risk, which would require the National Flood Insurance Program to issue those policies with respect to properties with higher levels of flood risk; (D) identify mechanisms for determining the likely market value for access to covered claims data; (E) consider whether selling or licensing the use of covered claims data, as described in paragraph (1), would be in compliance with section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974); (F) review the costs of researching, developing, and producing previous releases of covered claims data and identify if releasing this data has benefitted the National Flood Insurance Program in a tangible way that benefits policyholders; and (G) recommend actions the Administrator could take, if any, to prevent unintended consequences associated with the sale or licensing for private insurance purposes covered claims data. (b) Report by Administrator Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains the results and conclusions of the study conducted under subsection (a), which shall include an analysis of any recommendations made by the study. 305. Refusal of mitigation assistance Section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is amended— (1) in subsection (a), in the matter preceding paragraph (1), in the first sentence, by inserting and, with respect to financial assistance described in paragraph (2), using amounts made available from the Disaster Relief Fund in accordance with section 203(n) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(n)) after section 1367; (2) by redesignating subsection (h) as subsection (i); and (3) by inserting after subsection (g) the following: (h) Refusal of assistance (1) Definition In this subsection, the term bona fide offer of assistance means an offer of assistance made by the Administrator to a policyholder under the national flood insurance program that— (A) relates to mitigation activities with respect to the structure insured under that program; (B) covers 100 percent of the cost of the mitigation activities described in subparagraph (A); (C) permits the policyholder to continue to live in the structure to which the policy relates; and (D) is carried out under a mitigation plan. (2) Penalty If, after the date of enactment of the National Flood Insurance Program Reauthorization and Reform Act of 2023, a policyholder under the national flood insurance program refuses a bona fide offer of assistance with respect to the property so insured, the Administrator shall, notwithstanding any other provision of this title, increase the chargeable risk premium rate for flood insurance under this title for the property by 25 percent each year until— (A) the policyholder accepts the bona fide offer of assistance; or (B) that chargeable risk premium rate is actuarially sound. . 306. Multiple structure mitigation Section 1308A(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015a(a)) is amended— (1) in the first sentence, by striking The Administrator and inserting the following: (1) In general Except as provided in paragraph (2), the Administrator ; and (2) by adding at the end the following: (2) Relief for small businesses and nonprofits (A) Definition In this paragraph, the term covered small business or nonprofit organization means a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) or an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code that owns not fewer than 3 structures that are located on a single property. (B) Relief The Administrator may not impose a surcharge under this section for a policy for flood insurance coverage under the National Flood Insurance Program for a covered small business concern or nonprofit organization with respect to more than 2 detached units or buildings located on a single property if the covered small business or nonprofit organization certifies to the Administrator that the savings from the surcharge not being imposed shall be used for flood mitigation on the property on which the units or buildings are located. (C) Rules Not later than 1 year after the date of enactment of this paragraph, the Administrator shall issue rules establishing the process for submitting a certification described in subparagraph (B). . IV Policyholder protection and fairness 401. Earth movement fix and engineer standards (a) Rebuttable presumption for foundation and structural damage (1) In general Section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C. 4019), as amended by section 106(b), is amended by inserting after subsection (c) the following: (d) Rebuttable presumption for foundation and structural damage (1) In general For the purposes of the Administrator determining coverage under the standard flood insurance policy under the national flood insurance program, a rebuttable presumption that physical damage to the foundation of, or structural damage to, a structure was not caused by earth movement shall apply if— (A) flood caused direct physical change to the structure; and (B) there is damage to the foundation of, or structural damage to, the structure that was not present before the flood, as demonstrated by a certification from the policyholder. (2) Rebuttal In determining coverage as a result of the rebuttable presumption under paragraph (1), an insurance company may rebut the presumption only by providing the Administrator with an engineering report that— (A) meets standards issued by the Administrator under paragraph (3); and (B) clearly demonstrates that the physical damage to the foundation of, or structural damage to, a structure described in paragraph (1) was caused directly by earth movement that was not— (i) caused by the horizontal pressure from standing or slow-moving floodwater (commonly known as hydrostatic pressure); (ii) caused by the force of floodwater that causes the vertical uplift from the underside of a horizontal foundation component, such as a concrete slab, footer, or structural floor assembly (commonly known as buoyancy); (iii) caused by pressure imposed on an object, such as a wall of a building, by high-velocity floodwater or waves flowing against and around the building (commonly known as hydrodynamic force); (iv) caused by floodwater moving along the surface of the ground causing soil to suddenly erode or undermine, resulting in failure of a foundation or to one of the structural components of the foundation (commonly known as scouring); or (v) otherwise caused by flood. (3) Minimum standards for engineering reports The Administrator shall issue minimum standards— (A) regarding the form and content of engineering reports used to assist insurance claims adjusters with respect to carrying out this subsection; and (B) that— (i) include a requirement that any such engineering report shall be signed and have a seal affixed by an engineer who is licensed in the State in which the property to which the claim relates is located; and (ii) are consistent with generally accepted practices in— (I) the field of forensic engineering; and (II) the insurance industry. (4) Documentation of condition of foundation (A) In general If the holder of a policy for flood insurance coverage made available under this title documents the condition of the foundation of a structure covered by the policy with a photograph, video recording, or otherwise, and submits the documentation to the Administrator or the Write Your Own Company that sold the policy, as applicable, the Administrator or Write Your Own Company, respectively, shall keep the documentation and use the documentation when adjusting a claim that arises under the policy. (B) Notice to policyholders The Administrator shall notify a policyholder, when the policyholder purchases or renews a flood insurance policy sold under this title, that the policyholder may document the condition of the foundation of a structure covered by the policy in accordance with subparagraph (A). (5) Rule of construction Nothing in this subsection may be construed to modify the terms and conditions of the standard flood insurance policy. . (2) Application The amendment made by paragraph (1) shall apply with respect to a claim with a date of loss that is on or after the date that is 90 days after the date of enactment of this Act. (b) Regulations Not later than 90 days after the date of enactment of this Act, the Administrator shall issue the standards required under subsection (d)(3) of section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C. 4019), as added by subsection (a)(1). 402. Coverage of pre-FIRM condominium basements and study on street raising (a) Basement clarification (1) In general Section 1305 of the National Flood Insurance Act of 1968 (42 U.S.C. 4012) is amended by adding at the end the following: (e) Availability of insurance for pre-FIRM condominium basements (1) Definition In this subsection, the term pre-FIRM condominium building means a condominium building that was not constructed or substantially improved after the later of— (A) December 31, 1974; or (B) the effective date of the initial flood insurance rate map published by the Administrator under section 1360 for the area in which the building is located. (2) Coverage The Administrator shall offer an optional rider to a contract for flood insurance made available under this title that covers the basement of a pre-FIRM condominium building that serves as a separate residential unit within that condominium building. . (2) Amendments to regulations Not later than 180 days after the date of enactment of this Act, the Administrator shall make any amendments to the regulations of the Federal Emergency Management Agency that are necessary as a result of the amendment made by paragraph (1). (b) Study on consequences of street-Raising (1) Definition In this subsection, the term affected property means a property containing an area— (A) the floor of which was located at or above grade before the community raised the street adjacent to the property; and (B) after the street-raising described in subparagraph (A), that was designated as a basement because of the street-raising. (2) Study; report Not later than 1 year after the date of enactment of this Act, the Administrator shall study and submit to Congress a report on the consequences of street-raising on flood insurance coverage for an affected property under the National Flood Insurance Program, including the cost implications for the property owner. 403. Guidance on remediation and policyholder duties (a) In general Section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C. 4019), as amended by section 401(a)(1), is amended by inserting after subsection (d) the following: (e) Guidance on mold remediation (1) In general The Administrator shall issue guidance relating to the identification of reasonable actions that a policyholder of coverage for flood insurance made available under this title may take to inspect and maintain the property to which that coverage applies— (A) after a flood recedes; and (B) in order to avoid damage to the property that is caused by mold, mildew, moisture, or water. (2) Considerations In developing guidance under paragraph (1), the Administrator shall consider— (A) any applicable laws and regulations; (B) the terms and conditions of the standard flood insurance policy; (C) technical best practices; (D) the costs of remediation in relation to the condition of a property described in that paragraph; and (E) the actions that the Administrator may reasonably expect a policyholder described in that paragraph to take, given the likely challenges faced by the policyholder after a flood. (3) Regular review The Administrator shall— (A) regularly review the guidance issued under paragraph (1); and (B) revise the guidance issued under paragraph (1) as the Administrator determines appropriate. (4) Annual distribution The Administrator shall provide a copy of the guidance issued under paragraph (1) to a policyholder at the time of the purchase or renewal of a flood insurance policy sold under this title. . (b) Initial issuance Not later than 1 year after the date of enactment of this Act, the Administrator shall issue the guidance required under subsection (e) of section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C. 4019), as added by subsection (a) of this section. (c) Accessibility, reasonableness, and degree of damage Section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C. 4019), as amended by subsection (a), is amended by inserting after subsection (e) the following: (f) Exclusion of certain damage For purposes of determining whether damage caused by mold, mildew, moisture, or water to a property shall be excluded from coverage under the standard flood insurance policy— (1) subject to paragraph (2), only the degree of damage caused by mold, mildew, moisture, or water that could have been avoided through inspection and maintenance may be excluded from that coverage; and (2) the condition of the property to which the damage relates may not be considered to be attributable to the policyholder with respect to the property, including any failure by the policyholder to inspect and maintain the property after a flood recedes, if— (A) the policyholder was denied access to the property after the flood receded because of— (i) a lawful government order; (ii) a determination by local authorities that the property— (I) is unsafe or unstable; or (II) shall be condemned; or (iii) otherwise unsafe conditions; (B) a reasonable individual exercising reasonable judgment could not be expected to inspect, maintain, or mitigate the damage to the property under the circumstances; or (C) the policyholder faced particular challenges, including— (i) practical or financial difficulty in inspecting or maintaining the property; (ii) the need to address other more immediate priorities, including— (I) the health and well-being of the policyholder and the family of the policyholder; (II) the preservation of basic items; (III) displacement; and (IV) other issues that make inspection and maintenance of the property a near-term challenge for the policyholder; and (iii) the unavailability of contractors or other individuals to perform any required inspection and maintenance. . 404. Appeal of decisions relating to flood insurance coverage (a) Enhanced policyholder appeals process (1) In general Part C of chapter II of the National Flood Insurance Act of 1968 (42 U.S.C. 4081 et seq.) is amended by adding at the end the following: 1349. Appeal of decisions relating to flood insurance coverage (a) Definition In this section, the term Office, except as otherwise specified, means the Independent Office for Policyholder Appeals established under subsection (b). (b) Independent Office for Policyholder Appeals Not later than 180 days after the date of enactment of this section, the Administrator shall establish an Independent Office for Policyholder Appeals to provide for a non-adversarial and fair administrative review of appeals submitted under subsection (c)(1). (c) Appeals process (1) Right to appeal A policyholder of a flood insurance policy issued under the national flood insurance program may appeal the denial of a claim arising under the policy in writing to the Office not later than 1 year after receipt of the denial. (2) Exhaustion of administrative appeals required before filing civil action A policyholder of a flood insurance policy issued under the national flood insurance program may not institute an action on a denied claim arising under the policy against the Administrator in a United States district court under section 1333 or 1341, as applicable, unless the policyholder has exhausted the appeals process under this section. (d) Duties and responsibilities In administering appeals submitted under subsection (c)(1), the Office shall— (1) issue final appeal decisions through an appeal process established by the Office; (2) disseminate information to appellants concerning the information that an appellant may include in the appeal submissions; (3) provide an appellant with an opportunity to discuss any issue on appeal with a claims expert in the Office; (4) provide aggregated appeals data to the Office of the Flood Insurance Advocate for use in fulfilling the duties and responsibilities of that office under section 24(b) of the Homeowner Flood Insurance Affordability Act of 2014 (42 U.S.C. 4033(b)); and (5) publish final appeal decisions to a public-facing website— (A) to inform the public; and (B) for awareness to support transparency and training for Write Your Own Companies and contractors of the Federal Emergency Management Agency. (e) Regulations (1) In general For purposes of implementing the appeals process under this section, the Administrator may promulgate new regulations or use regulations that were in effect on the date of enactment of this section, except that— (A) the Administrator may not declare any appeal ineligible if the policyholder submits the appeal to the Office not later than 1 year after the date on which the policyholder receives the denial of the applicable claim, as required under subsection (c)(1); (B) upon receiving all information necessary to complete an appeal, the Office shall notify the appellant that the Office will make a final decision not later than 90 days after receipt of that information; and (C) not later than 90 days after receipt of all information necessary to complete an appeal, the Office shall make a final decision on the appeal. (2) Enforcement of final decision deadline If the Office does not comply with the deadline under paragraph (1)(C) with respect to an appeal, and the policyholder that brought the appeal is ultimately successful, the Administrator shall pay to the policyholder interest on the claim that is the subject of the appeal, which shall— (A) begin accruing on the date on which the policyholder submits the appeal; and (B) be calculated using the rate of return on a 3-year Treasury bill, as in effect on the date described in subparagraph (A). (3) All information necessary For purposes of paragraph (1), the term all information necessary includes information obtained from a physical reinspection of the property or from an expert report, if that information is needed in order to complete the review of the appeal. (4) Liability protection No cause of action shall lie or be maintained in any court against the United States, and any such action shall be promptly dismissed, for violation of the notification requirement under paragraph (1)(B). . (2) Effective date for new appeals process Subsection (c) of section 1349 of the National Flood Insurance Act of 1968, as added by paragraph (1), shall take effect on the date that is 180 days after the date of enactment of this Act. (b) Repeal and transfer (1) In general Effective on the date that is 180 days after the date of enactment of this Act, section 205 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 note; Public Law 108–264) is repealed, and any appeals that were pending before the Administrator under that section on the day before that effective date shall be transferred to the Independent Office for Policyholder Appeals established under section 1349 of the National Flood Insurance Act of 1968 (as added by subsection (a)) for disposition under such section 1349. (2) Technical and conforming amendments (A) Table of contents The table of contents for the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (Public Law 108–264; 118 Stat. 712) is amended by striking the item relating to section 205. (B) Other amendment Section 204(a)(3) of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 note; Public Law 108–264) is amended by striking section 205 and inserting section 1349 of the National Flood Insurance Act of 1968. (c) Judicial review reform (1) Government Program With Industry Assistance Section 1341 of the National Flood Insurance Act of 1968 (42 U.S.C. 4072) is amended— (A) by striking In the event the program and inserting the following: (a) In general If the program ; (B) in subsection (a), as so designated— (i) by inserting or the Administrator’s fiscal agent after upon the disallowance by the Administrator; and (ii) by striking within one year after the date of mailing of notice of disallowance or partial disallowance by the Administrator, may institute an action against the Administrator on such claim and inserting not later than 1 year after exhausting available administrative remedies, may institute an action against the insurer on such claim; and (C) by adding at the end the following: (b) Exhaustion of administrative remedies (1) In general For the purposes of subsection (a), a claimant exhausts available administrative remedies if— (A) the claimant submits an appeal and complies with all requirements of the appeal process established under section 1349 and other applicable requirements; and (B) the Administrator— (i) issues a final decision on the appeal that partially or fully concurs with the insurer’s disallowance or partial disallowance of the claim; or (ii) makes no finding regarding the appeal by the date that is 90 days after the date on which the Administrator acknowledges receipt and acceptance of the appeal. (c) Limitations (1) Issues raised on appeal An action may not be instituted under this section for any issue of a claim that was not presented to the Administrator on appeal. (2) Weight of Administrator's disposition For purposes of this section, disposition of an appeal by the Administrator shall not be competent evidence of liability or the amount of damages. . (2) Industry program with Federal financial assistance Section 1333 of the National Flood Insurance Act of 1968 (42 U.S.C. 4053) is amended— (A) by striking The insurance companies and other insurers and inserting the following: (a) In general The insurance companies and other insurers ; (B) in subsection (a), as so designated, by striking within one year after the date of mailing of notice of disallowance or partial disallowance of the claim, may institute an action on such claim against such company or other insurer and inserting not later than 1 year after exhausting available administrative remedies, may institute an action on the claim against the company or other insurer; and (C) by adding at the end the following: (b) Exhaustion of administrative remedies For the purposes of subsection (a), a claimant exhausts available administrative remedies if— (1) the claimant submits an appeal and complies with all requirements of the appeal process established under section 1349 and other applicable requirements; and (2) the Administrator— (A) issues a final decision on the appeal that partially or fully concurs with the insurer’s disallowance or partial disallowance of the claim; or (B) makes no finding regarding the appeal by the date that is 90 days after the date on which the Administrator acknowledges receipt and acceptance of the appeal. (c) Limitations (1) Issues raised on appeal An action may not be instituted under this section for any issue of a claim that was not presented to the Administrator on appeal. (2) Weight of Administrator's disposition For purposes of this section, disposition of an appeal by the Administrator shall not be competent evidence of liability or the amount of damages. . 405. Accountability for underpayments and overpayments by Write Your Own companies Section 1348 of the National Flood Insurance Act of 1968 (42 U.S.C. 4084) is amended by adding at the end the following: (c) Underpayments and overpayments (1) Accountability for underpayments If the Administrator determines through any audit that the pool or an insurance company or other private organization described in subsection (a) has not adjusted a claim in accordance with adjusting standards that are in effect as of the date on which the adjustment is performed and, as a result of that failure, has underpaid or overpaid a claim of a policyholder, the penalty imposed by the Administrator with respect to such a failure may not be less for an overpayment of a claim than for an underpayment of a claim. (2) Safe harbor for certain overpayments The Administrator may not impose a penalty on the pool or an insurance company or other private organization described in subsection (a) for overpayment of a claim of a policyholder for reasons described in paragraph (1) of this subsection if— (A) the overpayment was not in bad faith; and (B) the amount of the overpayment was not more than 4 percent of the coverage limit of the policy. (d) GAO report Not later than 2 years after the date of enactment of this subsection, and triennially thereafter, the Comptroller General of the United States shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report regarding any penalties imposed by the Administrator under subsection (c)(1). . 406. Policyholders’ right to know (a) Use Section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C. 4019), as amended by section 403(c), is amended by inserting after subsection (f) the following: (g) Use of technical assistance reports When adjusting claims for any damage to or loss of property that is covered by flood insurance made available under this title, the Administrator may rely upon technical assistance reports, as defined in section 1312A(a), only if the reports are final and are prepared in compliance with applicable State and Federal laws regarding professional licensure and conduct. . (b) Disclosure Chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) is amended by inserting after section 1312 (42 U.S.C. 4019) the following: 1312A. Disclosure of claims documents and technical assistance reports (a) Definitions In this section— (1) the term policyholder means any person listed as a named or additional insured on the declarations page of a policy for flood insurance coverage made available under this title; and (2) the term technical assistance report means a report created for the purpose of furnishing technical assistance to an insurance claims adjuster assigned under the national flood insurance program, including any report created by an engineer, a surveyor, a salvor, an architect, or a certified public accountant. (b) Provision of copies (1) In general Notwithstanding section 552a of title 5, United States Code, not later than 1 week after the date on which the Administrator receives a written request, or a request submitted online, from a policyholder, and with respect to a claim for loss submitted by the policyholder for any damage to or loss of property that is covered by the policy, the Administrator shall provide a true, complete, and unredacted copy of— (A) all documents that constitute the claim file of the insurance company with respect to the claim, in accordance with the memorandum issued by the Administrator on June 1, 2018, entitled Guidance for the Release of Claim File Information to Policyholders (WYO Bulletin W–18012) (or any successor document); (B) any document created by any adjuster in scoping the loss, including measurements, photographs, and notes; (C) any estimates of damages with respect to the claim; (D) any draft and final technical assistance report relating to adjusting and paying or denying the claim; (E) any proof of loss, supplemental proofs of loss, or any equivalent notices, together with supporting documentation, with respect to the claim; and (F) any document relating to the denial or partial denial of the claim. (2) Rule of construction Nothing in paragraph (1) may be construed to limit the right of a policyholder to receive a disclosure under section 552a of title 5, United States Code, or any other provision of law. (c) Direct disclosure by Write Your Own companies and direct servicing agents (1) In general A Write Your Own Company or direct servicing agent in possession of any technical assistance report that is subject to disclosure under subsection (b) may disclose such technical assistance report without further review or approval by the Administrator. (2) Affirmative notification A Write Your Own Company, or any other entity servicing a claim under the national flood insurance program, shall, not later than 30 days after the date on which the company or entity receives notice of a claim, notify the claimant that the claimant or an authorized representative of the claimant may obtain, upon request, a copy of any claim-related document described in subsection (b)(1) that pertains to the claimant. . (c) Transmission of report without approval (1) Definition In this subsection, the term final engineering report means an engineering report, survey, or other document in connection with a claim for losses covered by a policy for flood insurance coverage made available under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) that— (A) is based on an on-site inspection; (B) contains final conclusions with respect to an engineering issue or issues involved in the claim; and (C) is signed by the responsible in charge or affixed with the seal of the responsible in charge, or both. (2) Transmission A Write Your Own Company or a National Flood Insurance Program direct servicer may, without obtaining further review or approval by the Administrator, transmit to a policyholder a final engineering report in the possession of the Write Your Own Company or the direct servicer in connection with a claim submitted by the policyholder. 407. Termination of certain contracts under the National Flood Insurance Program (a) In general Part C of chapter II of the National Flood Insurance Act of 1968 (42 U.S.C. 4081 et seq.), as amended by section 404, is amended by adding at the end the following: 1350. Termination of contracts (a) Definitions In this section— (1) the term covered entity means any attorney, law firm, consultant, or third-party company that provides services to a Write Your Own company; and (2) the term Write Your Own company means a company participating in the cooperative undertaking between the insurance industry and the Federal Insurance and Mitigation Administration that allows participating property and casualty insurance companies to write and service standard flood insurance policies. (b) Termination (1) In general Notwithstanding any other provision of law, the Administrator may terminate a contract or other agreement between a covered entity and a Write Your Own company if the Administrator— (A) determines that the covered entity has engaged in conduct that is detrimental to the flood insurance program authorized under chapter I; and (B) not later than 14 days before terminating the contract or other agreement, provides notice to the covered entity of the termination. (2) Appeal The Administrator shall establish a process for a covered entity to appeal a termination of a contract or other agreement under paragraph (1). (3) Early termination payouts The Administrator or a Write Your Own company is not required to make any early termination payout to a covered entity with respect to a contract or agreement with the Write Your Own company that the Administrator terminates under paragraph (1). . (b) Effective date; applicability The amendment made by subsection (a) shall— (1) take effect on the date of enactment of this Act; and (2) apply to any contract or other agreement between a covered entity and a Write Your Own company (as those terms are defined in section 1349(a) of the National Flood Insurance Act of 1968, as added by subsection (a)) entered into on or after the date of enactment of this Act. 408. Deadline for claim processing (a) In general Section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C. 4019), as amended by section 406(a), is amended by inserting after subsection (g) the following: (h) Deadline for approval of claims (1) In general The Administrator shall provide that, in the case of a claim for damage to or loss of property that is covered by a policy for flood insurance made available under this title— (A) except as provided in paragraph (2), not later than 60 days after the date on which a proof of loss or comparable submission is provided to the Administrator— (i) an initial determination regarding approval of the claim for payment or disapproval of the claim shall be made; and (ii) notification of the determination described in clause (i) shall be provided to the policyholder making the claim; and (B) payment of an approved claim shall be made as soon as possible after that approval. (2) Extension of deadline The Administrator shall— (A) provide that the period described in paragraph (1)(A) may be extended by an additional period of 30 days under extraordinary circumstances; and (B) by regulation— (i) establish criteria for— (I) demonstrating the extraordinary circumstances described in subparagraph (A); and (II) determining to which claims the extraordinary circumstances described in subparagraph (A) apply; and (ii) provide that, if the deadline imposed under paragraph (1)(A), as extended under subparagraph (A), if applicable, is not satisfied the amount of the claim to which the deadline relates shall be increased with interest, which shall begin accruing on the date on which the initial claim is filed. (3) Deadline tolled during certain communication with policyholder The deadline under paragraph (1) shall be tolled during any period during which the Administrator or a Write Your Own Company is trying to obtain more information from a policyholder regarding a claim made by the policyholder, or is otherwise working with a policyholder to develop such a claim. . (b) Applicability The amendment made by subsection (a) shall apply to any claim for damage to or loss of property that is covered by a policy for flood insurance made available under the National Flood Insurance Program that is made after the date of enactment of this Act. 409. No manipulation of engineer reports Section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C. 4019), as amended by section 408(a), is amended by inserting after subsection (h) the following: (i) Final engineering reports (1) Definitions In this subsection— (A) the term covered claim means any claim for losses covered by a policy for flood insurance coverage made available under this title; and (B) the term final engineering report means an engineering report, survey, or other document in connection with a covered claim that— (i) is based on an on-site inspection; (ii) contains final conclusions with respect to an engineering issue or issues involved in the claim; and (iii) is signed by the responsible in charge or affixed with the seal of the responsible in charge, or both. (2) Prohibition on manipulation and transmission to third parties The Administrator shall require that, in the case of any on-site inspection of a property by an engineer for the purpose of assessing any covered claim, the final engineering report— (A) may not— (i) include alterations by, or at the request of, anyone other than the person responsible for the report; or (ii) be transmitted to any other person before the final engineering report is transmitted to the policyholder who submitted the covered claim; and (B) shall include a certification, signed by the person responsible for the final engineering report, that the final engineering report does not contain any alterations described in subparagraph (A). . 410. Improved training of floodplain managers, agents, and adjusters (a) Local floodplain managers Each regional office of the Federal Emergency Management Agency shall— (1) provide training to local floodplain managers, agents, and claim adjusters in the region regarding the responsibilities and procedures of local floodplain managers with respect to conducting substantial damage and substantial improvement determinations; (2) work with applicable State agencies to provide the training described in paragraph (1); and (3) verify that the individuals described in paragraph (1) are completing the training described in that paragraph. (b) Major disaster training After a flood that is declared a major disaster by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), the Administrator shall, if determined appropriate, provide— (1) refresher training to prepare insurance claims adjusters for the unique circumstances of the major disaster; and (2) any briefings that are necessary to prepare and inform floodplain managers, agents, and claim adjusters regarding any atypical circumstances and issues arising from the natural disaster. 411. Flood insurance continuing education and training (a) In general The Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (Public Law 108–264; 118 Stat. 712) is amended— (1) in section 201 (42 U.S.C. 4011 note)— (A) in paragraph (1), by striking Director of the and inserting Administrator of the; and (B) in paragraph (2), by inserting 4001 after U.S.C.; and (2) by striking section 207 (42 U.S.C. 4011 note) and inserting the following: 207. Continuing education requirements for insurance agents (a) In general The Director shall require each insurance agent who sells flood insurance policies under the Program to, once every 2 years, complete a 3-hour continuing education course that— (1) subject to subsection (c), is approved by the insurance commissioner of the State in which the agent is a legal resident; and (2) focuses on issues with respect to the Program. (b) Failure To complete course If an insurance agent who sells flood insurance policies does not complete a continuing education course required under subsection (a), the agent, until the date on which the agent completes the course in accordance with the requirements of this section, may not— (1) sell flood insurance policies; or (2) perform any duties with respect to the Program. (c) Agents licensed in multiple States (1) In general If an insurance agent who sells flood insurance policies is licensed to sell insurance in more than 1 State— (A) the agent shall submit proof of completion of a continuing education course required under subsection (a) to the insurance commissioner of each State in which the agent is licensed; and (B) each insurance commissioner to whom an insurance agent submits a proof of completion under subparagraph (A) may determine whether the course to which that proof of completion relates meets the minimum standards established by that insurance commissioner. (2) Effect of denial If an insurance commissioner of a State (referred to in this paragraph as the rejecting commissioner) determines under paragraph (1)(B) that a continuing education course taken in another State by an insurance agent who sells flood insurance policies does not meet the minimum standards established by the rejecting commissioner, the insurance agent may not take any action described in paragraph (1) or (2) of subsection (b) until the agent satisfies the minimum requirements established by the rejecting commissioner. (d) Rule of construction Any reference in this section to an insurance commissioner of a State shall be construed as a reference to an equivalent official with respect to any State in which there is no official who has the title of insurance commissioner. . (b) Technical and conforming amendment The table of contents for the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (Public Law 108–264; 118 Stat. 712) is amended by striking the item relating to section 207 and inserting the following: Sec. 207. Continuing education requirements for insurance agents. . 412. Shifting of attorney fees and other expenses Section 1341 of the National Flood Insurance Act of 1968 (42 U.S.C. 4072), as amended by section 404(c), is amended by adding at the end the following: (d) Attorney fees and other expenses A Write Your Own Company against which an action is instituted under this subsection shall be considered an agency of the United States for the purposes of section 2412(d) of title 28, United States Code. . 413. DOJ defense against policyholder lawsuits Subsection (b) of section 1341 of the National Flood Insurance Act of 1968 (42 U.S.C. 4072), as added by section 404(c), is amended by adding at the end the following: (2) Representation by Department of Justice If a claimant institutes an action under this section— (A) the Administrator shall refer the matter to the Attorney General; and (B) the Attorney General— (i) shall represent the Administrator or the Write Your Own company, as applicable, in the action; and (ii) may not seek to have the court dismiss an action with potentially meritorious claims based on good faith errors or omissions by the claimant in the claimant's proof of loss. . 414. Reforming use of proof of loss forms (a) In general Section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C. 4019), as amended by section 409, is amended by inserting after subsection (i) the following: (j) No condition of payment of undisputed claim on proof of loss (1) In general Notwithstanding any other provision of law, or any term or condition of a standard flood insurance policy, the Administrator— (A) may not condition payment of an undisputed claim based on the submission of a proof of loss; and (B) may instead accept a report submitted by the insurance adjuster the Administrator hires to investigate the claim, if the report is signed by the policyholder, unless the Administrator determines that conditions make signature impracticable. (2) Refusal to accept amount paid Upon the refusal of a policyholder to accept the amount paid under paragraph (1), the Administrator may require the policyholder to submit a proof of loss within a timeframe determined by the Administrator. . (b) Guidance to defense attorneys The Administrator shall issue guidance for best practices for attorneys defending actions instituted under section 1333 or 1341, as applicable, of the National Flood Insurance Act of 1968 (42 U.S.C. 4053, 4072) (as amended by section 404(c)) relating to how to respond to unintentional errors in a proof of loss submitted by a policyholder under the National Flood Insurance Policy. 415. Agent Advisory Council Part C of chapter II of the National Flood Insurance Act of 1968 (42 U.S.C. 4081 et seq.), as amended by section 407, is amended by adding at the end the following: 1351. Agent Advisory Council (a) Establishment There is established a council to be known as the Agent Advisory Council (in this section referred to as the Council). (b) Membership (1) Members The Council shall consist of— (A) the Administrator, or the designee of the Administrator; and (B) 11 additional members appointed by the Administrator or the designee of the Administrator, of whom— (i) 1 shall be a member of the National Association of Insurance Commissioners; (ii) 2 shall be members of the Independent Insurance Agents and Brokers of America; (iii) 1 shall be a member of United Policyholders; (iv) 1 shall be a representative of the Emergency Management Institute of the Federal Emergency Management Agency; (v) 1 shall be a representative of the Office of the Flood Insurance Advocate of the Federal Emergency Management Agency; (vi) 2 shall be members of the National Association of Professional Insurance Agents; (vii) 1 shall be a representative of a recognized professional association or organization representing homebuilders or land developers; (viii) 1 shall be a representative of a recognized professional association or organization representing the real estate industry; and (ix) 1 of whom shall be a representative of a recognized consumer protection group. (2) Qualifications (A) In general Each member of the Council shall have experience with— (i) contacting policyholders under the national flood insurance program, including with respect to applying for flood insurance and processing a claim for damage to or loss of property that is covered by flood insurance; and (ii) riverine and coastal flood insurance policies. (B) Considerations The Administrator shall, to the maximum extent practicable, ensure that the membership of the Council has a balance of governmental and private members, and includes geographic diversity. (C) Conflicts of interest A member of the Council— (i) may not, while serving on the Council, be employed or retained— (I) by a Federal Emergency Management Agency contractor or consultant; or (II) by a nongovernmental entity that was awarded a Federal grant during the 5-year period preceding the date on which the member was appointed to the Council; and (ii) may not have been employed by a Federal Emergency Management Agency contractor or consultant during the 5-year period preceding the date on which the member was appointed to the Council. (3) Consultation In appointing a member of the Council from an entity described in clauses (i) through (ix) of paragraph (1)(B), the Administrator or the designee of the Administrator, as applicable, shall consult with the entity. (4) Chairperson The members of the Council shall elect 1 member to serve as the chairperson of the Council (in this section referred to as the Chairperson). (c) Duties The Council shall— (1) provide recommendations to the Administrator on— (A) improving the customer experience for policyholders under the national flood insurance program; (B) training insurance agents that issue flood insurance policies; and (C) improving the processing and handling of claims for damage to or loss of property that is covered by flood insurance; and (2) submit to the Administrator an annual report that includes— (A) a description of the activities of the Council; and (B) a summary of recommendations made by the Council to the Administrator. (d) Compensation (1) In general Except as provided in paragraph (2), a member of the Council shall receive no additional compensation for serving on the Council. (2) Travel expenses Each member of the Council may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Council. (e) Meetings and actions (1) Meetings (A) In general The Council shall meet not less frequently than twice each year at the request of the Chairperson or a majority of the members of the Council. (B) Initial meeting The Administrator, or a designee of the Administrator, shall request and coordinate the initial meeting of the Council. (2) Action by majority vote The Council may take action by a vote of the majority of the members. (f) Officers The Chairperson may appoint officers to assist in carrying out the duties of the Council under subsection (c). (g) Staff Upon the request of the Chairperson, the Administrator may detail, on a nonreimbursable basis, personnel of the Office of the Flood Insurance Advocate of the Federal Emergency Management Agency to assist the Council in carrying out the duties of the Council. (h) Powers In carrying out this section, the Council may hold hearings, receive evidence and assistance, provide information, and conduct research as the Council considers appropriate. (i) Report to Congress and OMB The Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Financial Services of the House of Representatives, and the Director of the Office of Management and Budget an annual report on— (1) the recommendations made by the Council; and (2) any recommendations made by the Council during the year covered by the report that, as of the date on which the report is submitted, have been deferred or not acted upon, together with an explanatory statement with respect to those recommendations. (j) Applicability of the Federal Advisory Committee Act Section 1013 of title 5, United States Code, shall not apply to the Council. . 416. Disclosure of flood risk information prior to transfer of property (a) In general Chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.), as amended by section 207, is amended by adding at the end the following: 1327. Disclosure of flood risk information prior to transfer of property (a) In general After September 30, 2024, no new flood insurance coverage may be provided under this title for any real property unless an appropriate public body has imposed, by statute or regulation, a duty on any seller or lessor of improved real estate to provide to any purchaser or lessee (with respect to a lease for a term that is not shorter than 30 days) of the property a property flood hazard disclosure that the Administrator has determined meets the requirements of subsection (b). (b) Disclosure requirements (1) Requirements for sellers A property flood hazard disclosure for the sale of a property shall meet the requirements of this subsection only if the disclosure— (A) is made in writing; (B) discloses any actual knowledge of the seller of— (i) any prior physical damage caused by flood to a structure located on the property; (ii) any prior insurance claim for a loss covered under the national flood insurance program or private flood insurance with respect to the property; (iii) any previous notification regarding the designation of the property as a repetitive loss structure or severe repetitive loss structure (as defined in section 1366(h)); (iv) any Federal legal obligation to obtain and maintain flood insurance running with the property; (v) whether the property is located in a wetland; (vi) whether a National Flood Insurance Program Elevation Certificate has been completed for the property; and (vii) whether the property has received disaster assistance from the Federal Emergency Management Agency, the Small Business Administration, or the Department of Housing and Urban Development; (C) discloses to the maximum extent feasible, in a manner to be determined by the Administrator— (i) the relative flood risk associated with the property as indicated in flood hazard data maintained by the Administrator under this title; and (ii) the availability of and approximate cost of flood insurance for the property; and (D) is delivered by, or on behalf of, the seller to the purchaser before the purchaser becomes obligated under any contract to purchase the property. (2) Requirements for lessors A property flood hazard disclosure for a rental property with a lease for a term that is not shorter than 30 days shall meet the requirements of this subsection only if the disclosure— (A) is made in writing; (B) discloses any actual knowledge of the lessor— (i) of any Federal legal obligation to obtain and maintain flood insurance running with the property; (ii) regarding any prior physical damage caused by flood with respect to the unit being leased; and (iii) of the availability of coverage under this title for contents located in a structure on the property; and (C) is delivered by, or on behalf of, the lessor to the lessee before the lessee becomes obligated under any contract to lease the property. (3) Rule of construction Nothing in this section may be construed as preventing a State from adopting disclosure requirements in addition to the requirements of this section. . (b) Availability of flood insurance coverage Section 1305(c) of the National Flood Insurance Act of 1968 (42 U.S.C. 4012(c)) is amended— (1) in paragraph (1), by striking , and at the end and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ; and; and (3) by adding at the end the following: (3) given satisfactory assurance that, not later than October 1, 2024, property flood hazard disclosure requirements will have been adopted for the area (or subdivision) that meet the requirements of section 1327. . 417. Grace period for renewal of coverage at renewal offer rate Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended by adding at the end the following: (n) Grace period for renewal of coverage at renewal offer rate Notwithstanding section 1307(g)(1), if a policyholder renews a policy for flood insurance under this title not later than 90 days after the date on which the policy lapsed in coverage, the Administrator shall charge the same rate for the policy that the Administrator would have charged if the policyholder had renewed the policy before the lapse in coverage. PES

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Aye Nay Abstain Present Co-Sponsered Healthcare Equity and Accessibility for Less (HEAL) Act Sponsored National Flood Insurance Program Reauthorization and Reform Act of 2023 Gun Violence Prevention and Safe Communities Act of 2023 Payment Choice Act of 2023 Autonomy for Disabled Veterans Act Drug Price Transparency in Medicaid Act of 2023 Budgeting for Opioid Addiction Treatment Act Modernizing Opioid Treatment Access Act Amputation Reduction and Compassion Act of 2023 aka ARC Act of 2023 Men’s Health Awareness and Improvement Act National Men’s Health Week Safer Neighborhoods Gun Buyback Act of 2023

Press Office of Senator Donald Jones Senator Jones' Team Chief of Staff - Eric Armao Legislative Director - Dr. Rickey Davis Press Secretary - Hannah Hawthrone Campaign Manager - Jasmine Livingston List of Offices Trenton Weehawken Newark Atlantic City Washington D.C. Press Release #001: tbh