Flood History Information Act of 2021
This bill provides for the sharing of National Flood Insurance Program policy and claim information. Specifically, the Federal Emergency Management Agency (FEMA) may share this data through an agreement with certain private insurance providers for the purposes of policy underwriting, establishing premium rates, and adjusting claims. Additionally, FEMA must provide specified flood insurance information to a purchaser, lessee, or current owner of a property upon request.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5256 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5256
To provide for the disclosure and sharing of certain policy and claims
information under the National Flood Insurance Program, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 14, 2021
Mrs. Luria (for herself, Mr. Garbarino, and Ms. Dean) introduced the
following bill; which was referred to the Committee on Financial
Services
_______________________________________________________________________
A BILL
To provide for the disclosure and sharing of certain policy and claims
information under the National Flood Insurance Program, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood History Information Act of
2021''.
SEC. 2. DATA EXCHANGE PROGRAM.
Section 1313 of the National Flood Insurance Act of 1968 (42 U.S.C.
4020) is amended--
(1) by inserting after the section enumerator the
following: ``(a) Availability of Flood Insurance Information.--
''; and
(2) by adding at the end the following new subsections:
``(b) Data Exchange Program.--
``(1) In general.--The Administrator shall disclose policy
and claims information described in paragraph (2) to an
insurance company, as such term is defined in subsection (f),
if such insurance company has entered into a data sharing
agreement with the Administrator pursuant to paragraph (3).
``(2) Data eligible for sharing.--The Administrator shall
disclose the following claims and policy information, obtained
in connection with a flood insurance policy made available
under this title or through a data sharing agreement executed
pursuant to paragraph (3), pursuant to paragraph (1):
``(A) The location of the insured property, by
address and latitude and longitude).
``(B) Amount of coverage in force.
``(C) Dates of loss.
``(D) The amount paid on claims.
``(E) Any other claims and policy information the
Administrator determines necessary and appropriate.
``(3) Data sharing agreement.--A data sharing agreement
entered into pursuant to paragraph (1) shall include--
``(A) the terms and conditions under which
insurance companies may use, share, store, and account
for the data, which shall at minimum include provisions
ensuring that--
``(i) the insurance company may only use
information provided under the agreement for
the purposes of underwriting, establishing
premium rates, and adjusting claims; and
``(ii) the insurance company may not use
the information provided as part of the
agreement for marketing purposes;
``(B) an agreement by the insurance company to
provide to the Administrator the insurance company's
policy and claims data in a form prescribed by the
Administrator; and
``(C) any other terms and conditions the
Administrator determines are necessary and appropriate.
``(c) Access to Flood Insurance Information.--Upon the request of a
purchaser, lessee, or current owner of a property, the Administrator
shall provide to the purchaser, lessee, or current owner of the
property information pertaining to the property the purchaser or lessee
is under contract to buy or lease, respectively, or the current owner's
property, as follows:
``(1) The number and dollar value of claims filed for the
property, and factors related to the cause of loss, over the
life of the property, as known to the Administrator, including
claims made under--
``(A) a flood insurance policy made available under
this Act; and
``(B) a private flood insurance policy.
``(2) Information on whether the property owner may be
required to purchase flood insurance coverage due to previous
receipt of Federal disaster assistance subject to the mandatory
purchase requirement under section 102 of the Flood Disaster
Protection Act of 1973.
``(3) Such other available information about the property
as determined by the Administrator to accurately and adequately
characterize the true flood risk to the property.
``(d) Privacy Protection.--Disclosure of information contained
within a system of records (as such term is defined in section
552a(a)(5) of title 5, United States Code) as authorized in subsections
(b) and (c) of this section shall be considered a routine use for the
purposes of section 552a(3) of title 5, United States Code.
``(e) Fee.--
``(1) In general.--To carry out subsection (b), the
Administrator may charge a fee to participating insurance
companies under subsection (b). The Administrator shall not
charge a fee to the current owner requesting flood insurance
information under subsection (c).
``(2) Deposit.--The Administrator shall deposit the fee
collected under this subsection into the National Flood
Insurance Fund established under section 1310.
``(f) Definition.--For the purposes of this section the following
definitions shall apply:
``(1) Insurance company.--The term `insurance company'
means an insurance company that meets the requirements of
subparagraph (A) of section 102(b)(7) of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4012a(b)(7)(A).
``(2) Lessee.--The term `lessee' means a person who enters
into an agreement to lease, rent, or sublease a property.
``(3) Purchaser.--The term `purchaser' means a person or
entity that enters into an agreement to purchase an interest in
a property.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Financial Services.
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