Flood History Information Act of 2021
Bill: H.R.5256 | Sponsor: Rep. Luria, Elaine G. (D-VA)
Policy area: Finance and Financial Sector

Summary:
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.

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>