National Flood Insurance Program: Continued Actions Needed to Address Financial and Operational Issues
Published: 2010-04-21T00:00:00

Fast Facts:

Highlights:
section_title: Why GAO Did This Study
paragraphs: The National Flood Insurance Program (NFIP), established in 1968, provides policyholders with insurance coverage for flood damage. The Federal Emergency Management Agency (FEMA) within the Department of Homeland Security is responsible for managing NFIP. Unprecedented losses from the 2005 hurricane season and NFIP's periodic need to borrow from the U.S. Treasury to pay flood insurance claims have raised concerns about the program's long-term financial solvency. Because of these concerns and NFIP's operational issues, NFIP has been on GAO's high-risk list since March 2006. As of April 2010, NFIP's debt to Treasury stood at $18.8 billion. The Subcommittee asked GAO to discuss (1) NFIP's financial challenges, (2) FEMA's operational and management challenges, and (3) actions needed to address these challenges. In preparing this statement, GAO relied on its past work on NFIP and GAO's ongoing review of FEMA's management of NFIP focused on information technology and contractor oversight issues.
section_title: What GAO Found
paragraphs: While Congress and FEMA intended that NFIP be funded with premiums collected from policyholders rather than with tax dollars, the program is, by design, not actuarially sound. NFIP cannot do some of the things that private insurers do to manage their risks. For example, NFIP is not structured to build a capital surplus, is likely unable to purchase reinsurance to cover catastrophic losses, cannot reject high-risk applicants, and is subject to statutory limits on rate increases. In addition, its premium rates do not reflect actual flood risk. For example, nearly one in four property owners pay subsidized rates, "full-risk" rates may not reflect the full risk of flooding, and NFIP allows "grandfathered" rates, which allow some property owners to continue paying rates that do not reflect reassessments of their properties' flood risk. Further, NFIP cannot deny insurance on the basis of frequent losses and thus provides policies for repetitive loss properties, which represent only 1 percent of policies but account for 25 to 30 percent of claims. NFIP's financial condition has improved slightly due to an increase in the number of policyholders and moderate flood losses, and since March 2009, FEMA has taken some encouraging steps toward improving its financial position, including making $600 million in interest payments to Treasury without increasing its borrowings. However, it is unlikely to pay off its full $18.8 billion debt, especially if it faces catastrophic loss years. Operational and management issues may also limit efforts to address NFIP's financial challenges and meet program goals. Payments to write-your-own (WYO) insurers, which are key to NFIP operations, represent one-third to two-thirds of the premiums collected. But FEMA does not systematically consider actual flood insurance expense information when calculating these payments and has not aligned its WYO bonus structure with NFIP goals or implemented all of its financial controls for the WYO program. GAO also found that FEMA did not consistently follow its procedures for monitoring non-WYO contractors or coordinate contract monitoring responsibilities among departments on some contracts. Some contract monitoring records were missing, and no system was in place that would allow departments to share information on contractor deficiencies. In ongoing GAO work examining FEMA's management of NFIP, some similar issues are emerging. For example, FEMA still lacks an effective system to manage flood insurance policy and claims data, despite investing roughly 7 years and $40 million on a new system whose development has been halted. However, FEMA has begun to acknowledge its management challenges and develop a plan of action. Addressing the financial challenges facing NFIP would likely require actions by both FEMA and Congress that involve trade-offs, and the challenges could be difficult to remedy. For example, reducing subsidies could increase collected premiums but reduce program participation. At the same time, FEMA must address its operational and management issues. GAO has recommended a number of actions that FEMA could take to improve NFIP operations, and ongoing work will likely identify additional issues.

section_title: Letter
paragraphs: I appreciate the opportunity to participate in today’s hearing on the  National Flood Insurance Program (NFIP) and the challenges that the  Federal Emergency Management Administration (FEMA) faces in  administering it. As you know, NFIP is a key component of the federal  government’s efforts to minimize the damage and financial impact of  floods and is the only source of insurance against flood damage for most  residents in flood-prone areas. GAO placed NFIP on its high-risk list in  March 2006, not only because of the program’s potential to incur billions  of dollars in losses and the many financial challenges it faces, but also  because of operational and management challenges within FEMA, many of  which we have identified in previous reports to Congress.
As of April 2010, NFIP owed approximately $18.8 billion to the U.S.  Treasury, primarily as a result of loans the program received to pay claims  from the 2005 hurricane season. NFIP borrowed additional funds from  Treasury to make interest payments on this debt and is unlikely ever to be  able to repay the entire amount. These revenue shortfalls reflect both the  devastating effects of catastrophic hurricanes and structural weaknesses  in the way the program is funded. Our previous reports identified many of  these weaknesses, including subsidized premium rates, rate-setting  methods that do not reflect the actual risk of losses due to flooding, and  claims arising from a small number of repetitive loss properties. We have  also previously identified management issues, particularly with respect to  FEMA’s oversight of write-your-own (WYO) insurers. We are currently  conducting a comprehensive review of NFIP management and other  ongoing challenges that FEMA faces in administering the program.
My testimony today will revisit and update the challenges we identified in  previous reports, specifically (1) NFIP’s financial challenges, (2) FEMA’s  operational and management challenges relating to NFIP, and (3) actions  needed to address these challenges. My statement is based largely on  completed work on the oversight of the WYO program, the financial  impact of subsidized premium rates, and the rate-setting process for flood  insurance premiums. We performed our work in accordance with  generally accepted government auditing standards. Those standards  require that we plan and perform the audit to obtain sufficient, appropriate  evidence to provide a reasonable basis for our findings and conclusions  based on our audit objectives. We believe that the evidence we obtained  provides a reasonable basis for our findings and conclusions based on our  audit objectives.
subsections: section_title: Background
paragraphs: The National Flood Insurance Act of 1968 established NFIP as an  alternative to providing direct disaster assistance after floods. NFIP,  which provides government-guaranteed flood insurance to homeowners  and businesses, was intended to reduce the federal government’s  escalating costs for repairing flood damage after disasters. FEMA, which is  within the Department of Homeland Security (DHS), is responsible for the  oversight and management of NFIP. Since the program’s inception,  Congress has enacted several pieces of legislation to strengthen it. The  Flood Disaster Protection Act of 1973 made flood insurance mandatory for  owners of properties in vulnerable areas who had mortgages from  federally regulated lenders and provided additional incentives for  communities to join the program. The National Flood Insurance Reform  Act of 1994 strengthened the mandatory purchase requirements for  owners of properties located in special flood hazard areas (SFHA) with  mortgages from federally regulated lenders. Finally, the Bunning- Bereuter-Blumenauer Flood Insurance Reform Act of 2004 authorized  grant programs to mitigate properties that experienced repetitive flood  losses. Owners of these repetitive loss properties who do not mitigate face  higher premiums.
To participate in NFIP, communities agree to enforce regulations for land  use and new construction in high-risk flood zones and to adopt and  enforce state and community floodplain management regulations to  reduce future flood damage. Currently, more than 20,000 communities  participate in NFIP. NFIP has mapped flood risks across the country,  assigning flood zone designations based on risk levels, and these  designations are a factor in determining premium rates. NFIP offers two  types of flood insurance premiums: subsidized and full-risk. The National  Flood Insurance Act of 1968 authorizes NFIP to offer subsidized premiums  to owners of certain properties. These subsidized premium rates, which  represent only about 35 to 40 percent of the cost of covering the full risk of  flood damage to the properties, account for about 22 percent of all NFIP  policies. To help reduce or eliminate the long-term risk of flood damage to  buildings and other structures insured by NFIP, FEMA has used a variety  of mitigation efforts, such as elevation, relocation, and demolition. Despite  these efforts, the inventories of repetitive loss properties and policies with  subsidized premium rates have continued to grow. In response to the  magnitude and severity of the losses from the 2005 hurricanes, Congress  increased NFIP’s borrowing authority from the Department of the  Treasury (Treasury) to $20.775 billion. As of April 2010, FEMA owed  Treasury $18.8 billion, and the program as currently designed will likely  not generate sufficient revenues to repay this debt.
section_title: NFIP’s Financial Challenges Have Increased the Federal Government’s and U.S. Taxpayers’ Financial Exposure from Flood Losses
paragraphs: By design, NFIP is not an actuarially sound program, in part because it  does not operate like many private insurance companies. As a government  program, its primary public policy goal is to provide flood insurance in  flood-prone areas to property owners who otherwise would not be able to  obtain it. Yet NFIP is also expected to cover its claims losses and  operating expenses with the premiums it collects, much like a private  insurer. In years when flooding has not been catastrophic, NFIP has  generally managed to meet these competing goals. In years of catastrophic  flooding, however, and especially during the 2005 hurricane season, it has  not.
NFIP’s operations differ from those of most private insurers in a number  of ways. First, it operates on a cash-flow basis and has the authority to  borrow from Treasury. As of April 2010, NFIP owed approximately $18.8  billion to Treasury, primarily as a result of loans that the program received  to pay claims from the 2005 hurricane season. NFIP will likely not be able  to meet its interest payments in most years, and the debt may continue to  grow as the program may need to borrow to meet the interest payments  and potential future flood losses. Also unlike private insurance companies,  NFIP assumes all the risk for the policies it sells. Private insurers typically  retain only part of the risk that they accept from policyholders, ceding a  portion of the risk to reinsurers (insurance for insurers). This mechanism  is particularly important in the case of insurance for catastrophic events,  because the availability of reinsurance allows an insurer to limit the  possibility that it will experience losses beyond its ability to pay. NFIP’s  lack of reinsurance, combined with the lack of structure to build a capital  surplus, transfers much of the financial risk of flooding to Treasury and  ultimately the taxpayer.
NFIP is also required to accept virtually all applications for insurance,  unlike private insurers, which may reject applicants for a variety of  reasons. For example, FEMA cannot deny insurance on the basis of  frequent losses. As a result, NFIP is less able to offset the effects of  adverse selection—that is, the phenomenon that those who are most likely  to purchase insurance are also the most likely to experience losses.  Adverse selection may lead to a concentration of policyholders in the  riskiest areas. This problem is further compounded by the fact that those  at greatest risk are required to purchase NFIP insurance if they have a  mortgage from a federally regulated lender. Finally, by law, FEMA is  prevented from raising rates on each flood zone by more than 10 percent  each year. While most states regulate premium prices for private insurance  companies on other lines of insurance, they generally do not set limits on  premium rate increases, instead focusing on whether the resulting  premium rates are justified by the projected losses and expenses.
subsections: section_title: NFIP’s Premium Rates Do Not Reflect the Full Risk of Flooding
paragraphs: As we have seen, NFIP does not charge rates that reflect the full risk of  flooding. NFIP could be placed on a sounder fiscal footing by addressing  several elements of its premium structure. For example, as we have  pointed out in previous reports, NFIP provides subsidized and  grandfathered rates that do not reflect the full risk of potential flood losses  to some property owners, operates in part with unreliable and incomplete  data on flood risks that make it difficult to set accurate rates, and has not  been able to overcome the challenge of repetitive loss properties.  Subsidized rates, which are required by law, are perhaps the best-known  example of premium rates that do not reflect the actual risk of flooding.  These rates, which were authorized from when the program began, were  intended to help property owners during the transition to full-risk rates.  But today, nearly one out of four of NFIP policies continue to be based on  a subsidized rate. These rates allow policyholders with structures that  were built before floodplain management regulations were established in  their communities to pay premiums that represent about 35 to 40 percent  of the actual risk premium. Moreover, FEMA estimates that properties  covered by policies with subsidized rates experience as much as five times  more flood damage than compliant new structures that are charged full- risk rates. As we have pointed out, the number of policies receiving  subsidized rates has grown steadily in recent years and without changes to  the program will likely continue to grow, increasing the potential for  future NFIP operating deficits.
Further, potentially outdated and inaccurate data about flood probabilities  and damage claims, as well as outdated flood maps, raise questions about  whether full-risk premiums fully reflect the actual risk of flooding. First,  some of the data used to estimate the probability of flooding have not been  updated since the 1980s. Similarly, the claims data used as inputs to the  model may be inaccurate because of incomplete claims records and  missing data. Further, some of the maps FEMA uses to set premium rates  remain out of date despite recent modernization efforts. For instance, as  FEMA continues these modernization efforts, it does not account for  ongoing and planned development, making some maps outdated shortly  after their completion.  Moreover, FEMA does not map for long-term  erosion, further increasing the likelihood that data used to set rates are  inaccurate. FEMA also sets flood insurance rates on a nationwide basis,  failing to account for many topographic factors that are relevant to flood  risk for individual properties. Some patterns in historical claims and  premium data suggest that NFIP’s rates may not accurately reflect  individual differences in properties’ flood risk. Not accurately reflecting  the actual risk of flooding increases the risk that full-risk premiums may  not be sufficient to cover future losses and add to concerns about NFIP’s  financial stability.
Further contributing to NFIP’s financial challenges, FEMA made a policy  decision to allow certain properties remapped into riskier flood zones to  keep their previous lower rates. Like subsidized rates, these  “grandfathered” rates do not reflect the actual risk of flooding to the  properties and do not generate sufficient premiums to cover expected  losses. FEMA officials told us that the decision to grandfather rates was  based on considerations of equity, ease of administration, and goals of  promoting floodplain management. However, FEMA does not collect data  on grandfathered properties or measure their financial impact on the  program. As a result, it does not know how many such properties exist,  their exact location, or the volume of losses they generate. As FEMA  continues its efforts to modernize flood maps across the country, it has  continued to face resistance from communities and homeowners when  remapping places properties into higher-risk flood zones with higher rates.  As a result, FEMA has often grandfathered in previous premium rates that  are lower than the remapped rates. However, homeowners who are  remapped into high-risk areas and do not currently have flood insurance  may be required to purchase it at the full-risk rate.
In reauthorizing NFIP in 2004, Congress noted that repetitive loss  properties—those that have had two or more flood insurance claims  payments of $1,000 or more over 10 years—constituted a significant drain  on NFIP resources. These properties account for about 1 percent of all  policies but are estimated to account for up to 30 percent of all NFIP  losses. Not all repetitive loss properties are part of the subsidized property  inventory, but a high proportion receive subsidized rates, further  contributing to NFIP’s financial risks. While Congress has made efforts to  target these properties, the number of repetitive loss properties has  continued to grow, making them an ongoing challenge to NFIP’s financial  stability.
section_title: Despite Its Financial Challenges, NFIP Has Experienced Some Positive Developments
paragraphs: According to FEMA, expanded marketing efforts through its FloodSmart  campaign have contributed to an increase in NFIP policies. This program  was designed to educate and inform partners, stakeholders, property  owners, and renters about insuring their homes and businesses against  flood damage. Since the start of the FloodSmart campaign in 2004, NFIP  has seen policy growth of more than 25 percent and as of February 2010  had 5.6 million policies in force. Moreover, despite the economic  downturn, both policy sales and retention grew in 2009. Correspondingly,  NFIP’s collected premiums have risen 28 percent since September 2006.  This increase, combined with a relatively low loss experience in recent  years, has enabled FEMA to make nearly $600 million in interest payments  to Treasury with no additional borrowing since March 2009. FEMA has  also adjusted its expense reimbursement formula. While these are all  encouraging developments, FEMA is still unlikely to ever pay off its  current $18.8 billion debt.
section_title: FEMA’s Operational and Management Issues May Further Limit Progress in Achieving NFIP Goals
paragraphs: We have identified a number of operational issues that affect NFIP,  including weaknesses in FEMA’s oversight of WYO insurers and  shortcomings in its oversight of other contractors, as well as new issues  from ongoing work. For example, we found that FEMA does not  systematically consider actual flood insurance expense information when  determining the amount it pays WYO insurers for selling and servicing  flood insurance policies and adjusting claims. Instead, FEMA has used  proxies, such as average industry operating expenses for property  insurance, to determine the rates at which it pays these insurers, even  though their actual flood insurance expense information has been  available since 1997. Because FEMA does not systematically consider  these data when setting its payment rates, it cannot effectively estimate  how much insurers are spending to carry out their obligations to FEMA.  Further, FEMA does not compare the WYO insurers’ actual expenses to  the payments they receive each year and thus cannot determine whether  the payments are reasonable in terms of expenses and profits. When GAO  compared payments FEMA made to six WYO insurers to their actual  expenses for calendar years 2005 through 2007, we found that the  payments exceeded actual expenses by $327.1 million, or 16.5 percent of  total payments made. By considering actual expense information, FEMA  could provide greater transparency and accountability over payments to  WYO insurers and potentially save taxpayer money.
FEMA also has not aligned its bonus structure for WYO insurers with NFIP  goals such as increasing penetration in low-risk flood zones and among  homeowners in all zones that do not have mortgages from federally  regulated lenders. FEMA uses a broad-based distribution formula that  primarily rewards companies that are new to NFIP and can relatively  easily increase their percentage of net policies from a small base. We also  found that most WYO insurers generally offered flood insurance when it  was requested but did not strategically market the product as a primary  insurance line. FEMA has set only one explicit marketing goal—to  increase policy growth by 5 percent each year—and does not review the  WYO insurers’ marketing plans. It therefore lacks the information needed  to assess the effectiveness of either the WYO insurers’ efforts to increase  participation or the bonus program itself. For example, FEMA does not  know the extent to which sales increases may reflect external factors such  as flood events or its own FloodSmart marketing campaign rather than any  effort on the part of the insurers. Having intermediate targeted goals could  also help expand program participation, and linking such goals directly to  the bonus structure could help ensure that NFIP and WYO goals are in line  with each other.
Finally, FEMA has explicit financial control requirements and procedures  for the WYO program but has not implemented all aspects of its Financial  Control Plan. FEMA’s Financial Control Plan provides guidance for WYO  insurers to help ensure compliance with the statutory requirements for  NFIP. It contains several checks and balances to help ensure that  taxpayers’ funds are spent appropriately. For an earlier report, we  reviewed 10 WYO insurers and found that while FEMA performed most of  the required biennial audits and underwriting and claims reviews required  under the plan, it rarely or never implemented most of the required audits  for cause, state insurance department audits, or marketing, litigation, and  customer service operational reviews. In addition, FEMA did not  systematically track the outcomes of the various audits, inspections, and  reviews that it performed. We also found that multiple units had  responsibility for helping ensure that WYO insurers complied with each  component of the Financial Control Plan; that FEMA did not maintain a  single, comprehensive monitoring system that would allow it to ensure  compliance with all components of the plan; and that there was no  centralized access to all of the documentation produced. Because FEMA  does not implement all aspects of the Financial Control Plan, it cannot  ensure that WYO insurers are fully complying with program requirements.
In another review, we found that weak internal controls impaired FEMA’s  ability to maintain effective transaction-level accountability with WYO  insurers from fiscal years 2005 through 2007, a period that included the  financial activity related to the 2005 Gulf Coast hurricanes. NFIP had  limited assurance that its financial data for fiscal years 2005 to 2007 were  accurate. This impaired data reliability resulted from weaknesses at all  three levels of the NFIP transaction accountability and financial reporting  process. At the WYO level, WYO insurer claims loss files did not include  the documents necessary to support the claims, and some companies filed  reports late, undermining the reliability of the data they did report.  Second, contractor-level internal control activities were ineffective in  verifying the accuracy of the data that WYO insurers submitted, such as  names and addresses. Lastly, at the agency level, financial reporting  process controls were not based on transaction-level data. Instead, FEMA  relied primarily on summary data compiled using error-prone manual data  entry.
subsections: section_title: FEMA’s Oversight of Non- WYO Contractor Activities Is Also Lacking
paragraphs: Also in a previous report, we pointed out that FEMA lacked records of  monitoring activities for other contractors, inconsistently followed its  procedures for monitoring these contractors, and did not coordinate  contract monitoring responsibilities for the two major contracts we  reviewed. At FEMA, a Contracting Officer’s Technical Representative  (COTR) and staff (referred to as “monitors”) are responsible for,  respectively, ensuring compliance with contract terms and regularly  monitoring and reporting on the extent to which NFIP contractors meet  standards in performance areas specified in the contracts. Internal control  standards for the federal government state that records should be properly  managed and maintained. But FEMA lacked records for the majority of the  monitoring reports we requested and did not consistently follow the  monitoring procedures for preparing, reviewing, and maintaining  monitoring reports.
Further, FEMA offices did not coordinate information and actions relating  to contractors’ deficiencies and payments, and in some cases key officials  were unaware of decisions that were made about contractors’  performance. In particular, our review of monitoring reports for one  contract revealed a lack of coordination between the COTR and the  contracting officer. As a result, FEMA could not ensure that the contractor  had adhered to the contract’s requirements and lacked information critical  to effective oversight of key NFIP data collection, reporting, and insurance  functions. Given NFIP’s reliance on contractors, it is important that FEMA  have in place adequate controls that are consistently applied to all  contracts. Consistent with our findings in prior work, the DHS inspector  general has also identified weaknesses in FEMA’s internal controls and  financial reporting related to NFIP.
section_title: FEMA Continues to Lack an Effective System to Manage Flood Insurance Policy and Claims Data
paragraphs: To manage the flood policy and claims information that it obtains from  insurance companies, NFIP’s Bureau and Statistical Agent (BSA) relies on  a flood insurance management system from the 1980s that is difficult and  costly to sustain and that does not adequately support NFIP’s mission  needs. This system consists of over 70 interfaced applications that utilize  monthly tape and batch submissions of policy and claims data from  insurance companies. The system also provides limited access to NFIP  data. Further, identifying and correcting errors in submission requires  between 30 days and 6 months, and the general claims processing cycle  itself is 2 to 3 months.
To address the limitations of this system, NFIP launched a program in  2002 to acquire and implement a modernization and business improvement  system, known as NextGen. As envisioned, NextGen was to accelerate  updates to information obtained from insurance companies, identify errors  before flood insurance policies went into effect, and enable FEMA to  expedite business transactions and responses to NFIP claims when  policyholders required urgent support. As such, the system would support  the needs of a wide range of NFIP stakeholders, including FEMA  headquarters and regional staff, WYO insurers, vendors, state hazard  mitigation officers, and NFIP state coordinators.
As part of our ongoing review of FEMA’s management of NFIP,  preliminary results reveal that despite having invested roughly $40 million  over 7 years, FEMA had yet to implement NextGen. Initial versions of  NextGen were first deployed for operational use in May 2008. However,  shortly thereafter system users reported major problems with the system,  including significant data and processing errors. As a result, use of  NextGen was halted, and the agency returned to relying exclusively on its  mainframe-based legacy system while NextGen underwent additional  testing. In late 2009, after this testing showed that the system did not meet  user needs and was not ready to replace the legacy system, further  development and deployment of NextGen was stopped, and FEMA’s Chief  Information Officer began an evaluation to determine what, if anything,  associated with the system could be salvaged. This evaluation is currently  under way, and a date for completing it has yet to be established.
Our ongoing review of FEMA’s management of NFIP includes identifying  lessons learned about how NextGen was defined, developed, tested, and  deployed, including weaknesses in requirements development and  management, test management, risk management, executive oversight,  and program office staffing that have collectively contributed to the  program’s failure. In completing its evaluation and deciding how to  proceed in meeting its policy and claims processing needs, FEMA could  benefit from correcting these weaknesses. In the interim, the agency  continues to rely on its outdated legacy system and thus does not have the  kind of robust analytical support and information needed to help address  the reasons that NFIP remains on GAO’s high-risk list of federal programs.
section_title: Addressing NFIP’s Challenges Would Require Actions from FEMA and Congress
paragraphs: To address the challenges NFIP faces, FEMA would have to address its  own operational and management challenges. Further, legislative reform  would be needed to address structural issues. However, as you know  addressing many of these issues involves public policy trade-offs that  would have to be made by Congress. Moreover, part of this process  requires determining whether NFIP is or should be structured as an  insurance program and how much liability the government can and is  willing to accept. For example, if Congress wants to structure NFIP as an  insurance company and limit borrowing from Treasury in future high- or  catastrophic loss years, NFIP would have to build a capital surplus fund.  Our prior work has shown that building such a fund would require  charging premium rates that, in some cases, could be more than double or  triple current rates and would take a number of years without catastrophic  losses to implement. Additionally, while private insurers generally use  reinsurance to hedge their risk of catastrophic losses, it is unclear whether  the private reinsurance market would be willing to offer coverage to NFIP.  In the absence of reinsurance and a surplus fund, Treasury will effectively  continue to act as the reinsurer for NFIP and be the financial backstop for  the program.
subsections: section_title: Premium Rates Could Be Made More Reflective of Flood Risk
paragraphs: Making premium rates more reflective of flood risk would require actions  by FEMA and Congress. Because subsidized premium rates are required  by law, addressing their associated costs would require congressional  action. As previously reported, two potential options would be to  eliminate or reduce the use of the subsidies over time or target them based  on need. However, these options involve trade-offs. For example,  eliminating or reducing the subsidies would help ensure that premium  rates more accurately reflected the actual risk of loss and could encourage  mitigation efforts. But the resulting higher premiums could lead some  homeowners to discontinue or not purchase coverage, thus reducing  participation in NFIP and potentially increasing the costs to taxpayers of  providing disaster assistance in the event of a catastrophe. Targeting  subsidies based on need is an approach used by other federal programs  and could help ensure that those needing the subsidy would have access  to it and retain their coverage. Unlike other agencies that provide—and  are allocated funds for—traditional subsidies, NFIP does not receive an  appropriation to pay for shortfalls in collected premiums caused by its  subsidized rates. However, one option to maintain the subsidies but  improve NFIP’s financial stability would be to rate all policies at the full- risk rate and to appropriate subsidies for qualified policyholders. In this  way, the cost of such subsidies would be more transparent, and  policyholders would be better informed of their flood risk. Depending on  how such a program was implemented, NFIP might be able to charge more  participants rates that more accurately reflected their risk of flooding.  However, raising premium rates for some participants could also decrease  program participation, and low-income property owners and renters could  be discouraged from participating in NFIP if they were required to prove  that they met the requirements for a subsidy. FEMA might also face  challenges in implementing this option in the midst of other ongoing  operational and management challenges.
NFIP’s rate-setting process for full-risk premiums may not ensure that  those premium rates reflect the actual risk of flooding and therefore may  increase NFIP’s financial risk. Moreover, FEMA’s rate-setting process for  subsidized properties depends, in part, on the accuracy of the full-risk  rates, raising concerns about how subsidized rates are calculated as well.  To address these concerns, we have identified actions that FEMA could  take. For example, we recommended that FEMA take steps to help ensure  that its rate-setting methods and the data it uses to set rates result in full- risk premium rates that accurately reflect the risk of losses from flooding.  In particular, we pointed out that these steps should include verifying the  accuracy of flood probabilities, damage estimates, and flood maps and  reevaluating the practice of aggregating risks across zones. While FEMA  disagreed with our analysis of its rate-setting methods, this area continues  to warrant attention.
Similarly, because NFIP allows grandfathered rates for those remapped  into high-risk flood zones, it would also be in the position to address some  of the challenges associated with this practice. FEMA could end  grandfathered rates, but it decided to allow grandfathering after consulting  with Congress, its oversight committees, and other stakeholders and  considering issues of equity, fairness, and the goal of promoting floodplain  management. We recommended that the agency take steps both to ensure  that information was collected on the location, number, and losses  associated with existing and newly created grandfathered properties in  NFIP and to analyze the financial impact of these properties on the flood  insurance program. With such information, FEMA and Congress will be  better informed on the extent to which these rates contribute to NFIP’s  financial challenges.
Another statutory requirement that could be revisited is the 10-percent cap  on rate increases. As with all the potential reform options, determining  whether such action is warranted would necessitate weighing the law’s  benefits—including limiting financial hardship to policyholders—against  the benefits that increasing or removing such limits would provide to  NFIP, Treasury, and ultimately the taxpayer. However, as long as caps on  rate increases remain, FEMA will continue to face financial challenges.
Solutions for addressing the impact of repetitive loss properties would  also require action by both Congress and FEMA. For example, we have  reported that one option for Congress would be to substantially expand  mitigation efforts and target these efforts toward the highest-risk  properties. Mitigation criteria could be made more stringent—for  example, by requiring all insured properties that have filed two or more  flood claims (even for small amounts) to mitigate, denying insurance to  property owners who refuse or do not respond to a mitigation offer, or  some combination of these approaches. While these actions would help  reduce losses from flood damage and could ultimately limit costs to  taxpayers by decreasing the number of subsidized properties, they would  require increased funding for FEMA’s mitigation programs to elevate,  relocate, or demolish the properties, would be costly to taxpayers, and  could take years to complete. Congress could also consider changes to  address loopholes in mitigation and repurchase requirements that allow  policyholders to avoid mitigating by simply not responding to FEMA’s  requests that they do so. FEMA could be required to either drop coverage  for such properties or use eminent domain to seize them if owners failed  to respond to FEMA’s mitigation requests. Moreover, Congress could  streamline the various mitigation grant programs to make them more  efficient and effective.
section_title: FEMA Could Take Further Actions to Help Address Operational and Management Challenges
paragraphs: Over the last several years, we have made many recommendations for  actions that FEMA could take to improve its management of NFIP. FEMA  has implemented some recommendations, including, among other things,  introducing a statistically valid method for sampling flood insurance  claims for review, establishing a regulatory appeals process for  policyholders, and ensuring that WYO insurance agents meet minimum  education and training requirements. FEMA has also taken steps to make  analyzing the overall results of claims adjustments easier after future flood  events. The efforts will help in determining the number and type of claims  adjustment errors made and deciding whether new, cost-efficient methods  for adjusting claims that were introduced after Hurricane Katrina are  feasible to use after other flood events. However, as mentioned  previously, many of our other previous recommendations have not yet  been implemented. For example, we have recommended that FEMA:    Address challenges to oversight of the WYO program, specifically the lack  of transparency of and accountability for the payments FEMA makes to  WYO insurers, by determining in advance the amounts built into the  payment rates for estimated expenses and profit, annually analyzing the  amounts of actual expenses and profit in relation to the estimated  amounts used in setting payment rates, and by immediately reassessing  the practice of paying WYO insurers an additional 1 percent of written  premiums for operating expenses.
Take steps to better oversee WYO insurers and ensure that they are in  compliance with statutory requirements for NFIP and that taxpayers’  funds are spent appropriately by consistently following the Financial  Control Plan and ensuring that each component is implemented; ensuring  that any revised Financial Control Plan covers oversight of all functions of  participating WYO insurers, including customer service and litigation  expenses; systematically tracking insurance companies’ compliance with  and performance under each component of the Financial Control Plan;  and ensuring centralized access to all the audits, reviews, and data  analyses performed for each participating insurance company under the  Financial Control Plan.
Improve NFIP’s transaction-level accountability and assure that financial  reporting is accurate and that insurance company operations conform to  program requirements by augmenting NFIP policies to require contractors  to develop procedures for analyzing financial reports in relation to the  transaction-level information that WYO insurers submit for statistical  purposes; revising required internal control activities for contractors to  provide for verifying and validating the reliability of WYO-reported  financial information based on a review of a sample of the underlying  transactions or events; and obtaining verification that these objectives  have been met through independent audits of the WYO insurers.
Address contract and management oversight issues that GAO has  identified in previous reports, including determining the feasibility of  integrating and streamlining numerous existing NFIP financial reporting  processes to reduce the risk of errors inherent in the manual recording of  accounting transactions into multiple systems; establishing and  implementing procedures that require the review of available information,  such as the results of biennial audits, operational reviews, and claim  reinspections to determine whether the targeted audits for cause should  be used; establishing and implementing procedures to schedule and  conduct all required operational reviews within the prescribed 3-year  period; and establishing and implementing procedures to select  statistically representative samples of all claims as a basis for conducting  reinspections of claims by general adjusters.
Address challenges to oversight of contractor activities, including  implementing processes to ensure that monitoring reports are submitted  on time and systematically reviewed and maintained by the COTR and the  Program Management Office; that staff clearly monitor each performance  standard the contractor is required to meet in the specified time frames  and clearly link monitoring reports and performance areas; that written  guidance is implemented for all NFIP-related contracts on how to  consistently handle the failure of a contractor to meet performance  standards; that written policies and procedures are established governing  coordination among FEMA officials and offices when addressing  contractor deficiencies; and that financial disincentives are appropriately  and consistently applied.
Building on our prior work and these recommendations, we are in the  process of conducting a comprehensive review of FEMA’s overall  management of NFIP that could help FEMA develop a roadmap for  identifying and addressing many of the root causes of its operational and  management challenges. This review focuses on a wide range of internal  management issues including acquisition, contractor oversight,  information technology (NextGen), internal controls, human capital,  budget and resources, records management, and financial management.  While our work is ongoing, we have observed some positive developments  in the agency’s willingness to begin to acknowledge its management issues  and the need to address them. FEMA has also taken steps to improve our  access to key NFIP staff and information by providing us with an on-site  office at one of FEMA’s locations, facilitating our ability to access and  review documents.
section_title: Recent Proposals Could Provide Some Benefits but Also Raise Concerns
paragraphs: As part of our past work, we have also evaluated other proposals related  to NFIP. Each of those proposals has potential benefits as well as  challenges.
In a previous report, we discussed some of the challenges associated with  implementing a combined federal flood and wind insurance program.  While such a program could provide coverage for wind damage to those  unable to obtain it in the private market and simplify the claims process  for some property owners, it could also pose several challenges. For  example, FEMA would need to determine wind hazard prevention  standards, adapt existing programs to accommodate wind coverage, create  a new rate-setting process, raise awareness of the program, enforce new  building codes, and put staff and procedures in place. FEMA would also  need to determine how to pay claims in years with catastrophic losses,  develop a plan to respond to potential limited participation and adverse  selection, and address other trade-offs, including delays in reimbursing  participants, litigation, lapses in coverage, underinsured policyholders,  and larger-than-expected losses.
As we have previously reported, private business interruption coverage for  flood damage is expensive and is generally purchased only by large  companies. Adding business interruption insurance to NFIP could help  small businesses obtain coverage that they could not obtain in the private  market, but NFIP currently lacks resources and expertise in this area.  Adding business interruption insurance could increase NFIP’s existing  debt and potentially amplify its ongoing management and financial  challenges. Insurers told us that underwriting this type of coverage,  properly pricing the risk, and adjusting claims was complex.
Finally, we have reported that creating a catastrophic loss fund to pay  larger-than-average annual losses would be challenging, for several  reasons. For example NFIP’s debt to Treasury would likely prevent NFIP  from ever being able to contribute to such a fund. Further, such a fund  might not eliminate NFIP’s need to borrow for larger-than-expected losses  that occurred before the fund was fully financed. Building a fund could  also require significant premium rate increases, potentially reducing  participation in NFIP.
section_title: Closing Comments
paragraphs: FEMA faces a number of ongoing challenges in managing and  administering NFIP that, if not addressed, will continue to work against  improving the program’s long-term financial condition. As you well know,  improving NFIP’s financial condition involves a set of highly complex,  interrelated issues that are likely to involve many trade-offs and have no  easy solutions, particularly when the solutions to problems involve  balancing the goals of charging rates that reflect the full risk of flooding  and encouraging broad participation in the program. In addition,  addressing NFIP’s current challenges will require the cooperation and  participation of many stakeholders.
As we noted when placing NFIP on the high-risk list in 2006,  comprehensive reform will likely be needed to address the financial  challenges facing the program. In addressing these financial challenges,  FEMA will also need to address a number of operational and management  challenges before NFIP can be eligible for removal from the list. Our  previous work has identified many of the necessary actions that FEMA  should take, and preliminary observations from our ongoing work have  revealed additional operational and management issues. By addressing  both the financial challenges as well as the operational and management  issues, NFIP will be in a much stronger position to achieve its goals and  ultimately to reduce its burden on the taxpayer.
Chairwoman Waters and Ranking Member Capito, this concludes my  prepared statement. I would be pleased to respond to any of the questions  you or other members of the Subcommittee may have at this time.
section_title: GAO Contact and Staff Acknowledgments
paragraphs: Contact points for our Offices of Congressional Relations and Public  Affairs may be found on the last page of this statement. For further  information about this testimony, please contact Orice Williams Brown at  (202) 512-8678 or williamso@gao.gov. This statement was prepared under  the direction of Patrick Ward. Key contributors were Tania Calhoun, Emily  Chalmers, Nima Patel Edwards, Elena Epps, Christopher Forys, Randy  Hite, Tonia Johnson, and Shamiah Kerney.
section_title: Related GAO Products
paragraphs: Financial Management: Improvements Needed in National Flood  Insurance Program’s Financial Controls and Oversight. GAO-10-66.  Washington, D.C.: December 22, 2009.
Flood Insurance: Opportunities Exist to Improve Oversight of the WYO  Program. GAO-09-455. Washington, D.C.: August 21, 2009.
Results-Oriented Management: Strengthening Key Practices at FEMA  and Interior Could Promote Greater Use of Performance Information.  GAO-09-676. Washington, D.C.: August 17, 2009.
Information on Proposed Changes to the National Flood Insurance  Program. GAO-09-420R. Washington, D.C.: February 27, 2009.
High-Risk Series: An Update. GAO-09-271. Washington, D.C.: January  2009.
Flood Insurance: Options for Addressing the Financial Impact of  Subsidized Premium Rates on the National Flood Insurance Program.  GAO-09-20. Washington, D.C.: November 14, 2008.
Flood Insurance: FEMA’s Rate-Setting Process Warrants Attention.  GAO-09-12. Washington, D.C.: October 31, 2008.
National Flood Insurance Program: Financial Challenges Underscore  Need for Improved Oversight of Mitigation Programs and Key Contracts.  GAO-08-437. Washington, D.C.: June 16, 2008.
Natural Catastrophe Insurance: Analysis of a Proposed Combined  Federal Flood and Wind Insurance Program. GAO-08-504. Washington,  D.C.: April 25, 2008.
National Flood Insurance Program: Greater Transparency and  Oversight of Wind and Flood Damage Determinations Are Needed.  GAO-08-28. Washington, D.C.: December 28, 2007.
National Disasters: Public Policy Options for Changing the Federal Role  in Natural Catastrophe Insurance. GAO-08-7. Washington, D.C.:  November 26, 2007.
Federal Emergency Management Agency: Ongoing Challenges Facing the  National Flood Insurance Program. GAO-08-118T. Washington, D.C.:  October 2, 2007.
National Flood Insurance Program: FEMA’s Management and Oversight  of Payments for Insurance Company Services Should Be Improved.  GAO-07-1078. Washington, D.C.: September 5, 2007.
National Flood Insurance Program: Preliminary Views on FEMA’s  Ability to Ensure Accurate Payments on Hurricane-Damaged  Properties. GAO-07-991T. Washington, D.C.: June 12, 2007.
Coastal Barrier Resources System: Status of Development That Has  Occurred and Financial Assistance Provided by Federal Agencies.  GAO-07-356. Washington, D.C.: March 19, 2007.
National Flood Insurance Program: New Processes Aided Hurricane  Katrina Claims Handling, but FEMA’s Oversight Should Be Improved.  GAO-07-169. Washington, D.C.: December 15, 2006.
Federal Emergency Management Agency: Challenges for the National  Flood Insurance Program. GAO-06-335T. Washington, D.C.: January 25,  2006.
Federal Emergency Management Agency: Improvements Needed to  Enhance Oversight and Management of the National Flood Insurance  Program. GAO-06-119. Washington, D.C.: October 18, 2005.
Determining Performance and Accountability Challenges and High  Risks. GAO-01-159SP. Washington, D.C.: November 2000.
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