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National Flood Insurance Program

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National Flood Insurance Program
ShorttitleNational Flood Insurance Act of 1968
LongtitleAn Act to establish a national program of flood insurance, and for other purposes.
Enacted by90th
Effective dateAugust 1, 1968
Cite public law90-448
Cite statutes at large82 Stat. 572
IntroducedinHouse
Passedbody1House
Passedbody2Senate
SignedpresidentLyndon B. Johnson
SigneddateAugust 1, 1968

National Flood Insurance Program. It is a federal initiative created by the United States Congress to provide property owners with insurance against flood damage. Established by the National Flood Insurance Act of 1968, it is administered by the Federal Emergency Management Agency (FEMA) and aims to reduce the impact of flooding on private and public structures. The program encourages communities to adopt and enforce floodplain management regulations through a partnership with the federal government.

History and legislative background

The program was enacted following the inability of private insurers to offer affordable flood insurance after disasters like the Great Mississippi Flood of 1927 and Hurricane Betsy. Key legislative actions include the Flood Control Act of 1936 and the Southeast Hurricane Disaster Relief Act of 1965, which highlighted the federal government's role in disaster recovery. The pivotal National Flood Insurance Act of 1968 was signed by President Lyndon B. Johnson, creating the framework. Major amendments were later passed, including the Flood Disaster Protection Act of 1973 and the National Flood Insurance Reform Act of 1994, which expanded mandatory purchase requirements.

Program structure and administration

The Federal Emergency Management Agency (FEMA) oversees the program, setting premiums and mapping floodplains through its Flood Insurance Rate Map (FIRM) system. The Write Your Own program allows over 50 private insurance companies to sell and service policies, with the federal government underwriting the risk. Key partners include the National Association of Insurance Commissioners and local communities, which must adopt adequate floodplain management ordinances to participate. The Federal Insurance and Mitigation Administration (FIMA) within FEMA handles day-to-day operations and mitigation efforts.

Coverage and policy details

Policies cover building property, up to $250,000 for residential and $500,000 for commercial, and contents property, up to $100,000 and $500,000 respectively. Standard policies cover damage from general flooding, coastal inundation, and mudflow. Coverage excludes damage from earth movement, moisture, and living expenses. The program utilizes Flood Insurance Rate Maps to determine risk zones and corresponding premium rates, with policies typically having a 30-day waiting period. Important features include Increased Cost of Compliance coverage for bringing structures into compliance with local ordinances.

Financial challenges and debt

The program has historically operated at a loss, with its financial stability severely tested by major events like Hurricane Katrina, Hurricane Sandy, and the 2017 Atlantic hurricane season. It borrowed from the United States Department of the Treasury, accumulating debt exceeding $20 billion by 2017. The Biggert-Waters Flood Insurance Reform Act of 2012 aimed to improve solvency by phasing out subsidies, but faced backlash. Repeated borrowing and forgiveness, such as the cancellation of $16 billion in debt by Congress in 2017, highlight its structural deficits. The increasing frequency of severe weather events linked to climate change continues to strain its finances.

Reform efforts and criticism

Reform efforts have focused on making the program actuarially sound and reducing taxpayer exposure. The Biggert-Waters Act and the subsequent Homeowner Flood Insurance Affordability Act of 2014 attempted to balance fiscal responsibility with affordability. Critics, including the Government Accountability Office and the Congressional Budget Office, argue it encourages development in risky coastal areas like the Florida Keys and New Jersey barrier islands. Environmental groups like the Natural Resources Defense Council criticize its mapping and mitigation policies. Proposals for greater privatization and risk-transfer to capital markets, such as through catastrophe bonds, are ongoing topics in Congress.

Impact and participation

The program is a cornerstone of disaster recovery for communities in states like Florida, Texas, Louisiana, and California. It insures over five million policies nationwide, providing critical funds for rebuilding after events like Hurricane Harvey and Hurricane Ian. Participation is mandatory for properties with mortgages from federally regulated or insured lenders in high-risk Special Flood Hazard Areas. The program's community rating system offers premium discounts for localities that exceed minimum floodplain management standards, incentivizing mitigation in cities like Tulsa, Oklahoma and Roseville, California. Its existence fundamentally shapes real estate and development in flood-prone regions across the United States. Category:United States federal insurance programs Category:1968 in American law Category:Flood control in the United States