134 
‘‘SEC. 1328. DISCLOSURE OF FLOOD RISK INFORMATION 
UPON TRANSFER OF PROPERTY. 
‘‘(a) IN GENERAL.—After September 30, 2022, 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 deter-
mined meets the requirements of subsection (b). 
‘‘(b) DISCLOSURE REQUIREMENTS.— 
‘‘(1) REQUIREMENTS FOR SELLERS.—A prop-
erty flood hazard disclosure for the sale of a prop-
erty 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 any— 
‘‘(i) prior physical damage caused by 
flood to a structure located on the prop-
erty; 
‘‘(ii) prior insurance claim for a loss 
covered under the national flood insurance 
program or private flood insurance with re-
spect to the property; 
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‘‘(iii) previous notification regarding 
the designation of the property as a repet-
itive loss structure or severe repetitive loss 
structure (as defined in section 1366(h)); 
and 
‘‘(iv) Federal legal obligation to obtain 
and maintain flood insurance running with 
the property; and 
‘‘(C) is delivered by, or on behalf of, the 
seller to the purchaser before the purchaser be-
comes obligated under any contract to purchase 
the property. 
‘‘(2) REQUIREMENTS FOR LESSORS.—A prop-
erty 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 run-
ning with the property; 
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‘‘(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 prop-
erty. 
‘‘(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
COV-
ERAGE.—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, 2022, property flood hazard disclo-
sure requirements will have been adopted for the 
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area (or subdivision) that meet the requirements of 
section 1328.’’. 
Æ 
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