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Private Flood Insurance and the National Flood Insurance Program (NFIP) (CRS Report for Congress)

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Release Date Revised March 29, 2024
Report Number IN10450
Report Type Insight
Authors Baird Webel; Diane P. Horn
Source Agency Congressional Research Service
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Summary:

The NFIP was first authorized by the National Flood Insurance Act of 1968 (42 U.S.C. §§4001 et seq.), and was reauthorized until the end of FY2017 by the Biggert-Waters Flood Insurance Reform Act of 2012 (BW-12, Title II of P.L. 112-141). After a series of short-term reauthorizations, P.L. 115-225 reauthorized the NFIP until November 30, 2018. In statute, Congress has found that (1) many factors have made it uneconomic for the private insurance industry alone to make flood insurance available to those in need of such protection on reasonable terms and conditions; but (2) a program of flood insurance with large-scale participation of the Federal Government and carried out to the maximum extent practicable by the private insurance industry is feasible and can be initiated. (42 U.S.C. §4001(b)) By law or regulation, federal agencies, federally regulated lending institutions, and government-sponsored enterprises (GSEs) must require certain property owners to purchase flood insurance as a condition of any mortgage that these entities make, guarantee, or purchase. Property owners are required to purchase flood insurance if their property is identified as being in a Special Flood Hazard Area (SFHA, which is equivalent to having a 1% or greater risk of flooding every year) and is in a community that participates in the NFIP. Historically, this has generally meant that such property owners were required to purchase a Standard Flood Insurance Policy (SFIP) from the NFIP. In BW-12, Congress explicitly allowed federal agencies to accept private flood insurance to fulfill this mortgage requirement instead of the SFIP, ifthe private flood insurance met the conditions defined further in statute at 42 U.S.C. 4012a(b)(7).